Can My Visitation Rights Be Denied or Restricted in Tennessee?

When two parents decide to split up, there are many important factors related to family law, arguably the most important being custody. Visitation is a crucial part of custody that allows the child to continue cultivating a relationship with both parents. However, your custody rights could be denied or restricted under certain circumstances. To learn more about your parental rights and responsibilities, continue reading and work with a Memphis, Tennessee child visitation lawyer today.

What Are Visitation Rights?

Visitation, or parenting time, refers to a noncustodial parent’s right to spend time with their child. When parents decide to separate or divorce, a custody arrangement must be set up outlining which parent is responsible for the child and when, as well as who has the right to make decisions regarding the child’s health and upbringing. These rights and obligations live in physical and legal custody. Parents can be awarded joint custody, but if one parent is given sole or primary custody of the child then the other will be considered the noncustodial parent.

Visitation rights allow the noncustodial parent to have regular contact with the child which could include a few hours together, overnight visits, weekends, holidays, or vacations, depending on the situation. Parenting time is designed to maintain the child’s relationship with both parents as that is generally what is in their best interest.

Can My Visitation Rights Be Denied or Restricted in TN?

While Tennessee courts presume that the child is better off having a strong relationship with both parents, visitation rights can be denied or restricted under certain circumstances. All custody decisions made by the court are determined by prioritizing the child’s best interests.

Any restriction or denial will only be imposed if it protects the child’s physical, emotional, and psychological well-being. Common reasons that a parent’s visitation rights could be revoked or limited include the following.

• Physical abuse
• Emotional abuse
• Neglect
• Abandonment
• Substance abuse
• Mental health conditions
• Failure to comply with existing orders
• Parental alienation
• Criminal activity
• Dangerous living arrangements

If any of the above is relevant in the noncustodial parent’s life, they may not have full visitation rights. The court could rule that they are permitted to spend time with the child as long as there is a third party supervising the visitation, or they could deny any parenting time for the good of the child.

If you are a parent in Tennessee, take comfort in knowing that courts generally prioritize fostering a relationship between the child and both parents. However, if there is reason to believe your child could be at risk with you, it is possible that your visitation will be restricted or denied. If your parenting time is limited, reach out to a skilled family lawyer at Rice Law to learn how you can petition the court and ensure your rights are protected while prioritizing your child’s well-being.