How Can Visitation Be Enforced if a Parent Refuses to Comply in Tennessee?

Parenting plans and visitation schedules are legally binding court orders in Tennessee. When one parent fails to follow the schedule, it can disrupt your child’s routine and cause issues and disputes to arise. If your child’s other parent refuses to comply with your visitation order, understanding how the terms can be enforced is crucial in protecting your child and your rights. Reach out to a skilled Memphis, Tennessee family law enforcement lawyer for more information today.

What is Visitation in Tennessee?

Visitation, referred to as parenting time, is the time that a child spends with the non-custodial parent. The parent with whom the child resides most of the time is the primary parent, but the other parent may have the right to see the child as well, whether through scheduled visitation, supervised time, or virtual visitation.

It has been shown that children benefit from having a strong relationship with both parents, so courts aim to create a custody and visitation plan that allows both parties to spend quality time with the child and foster a relationship.

The visitation schedule or parenting plan will include all relevant information related to each parent’s rights and responsibilities for the child. It can include standard weekday and weekend schedules, holiday and summer breaks, transportation and exchange times and locations, communication expectations, emergency procedures, etc. Visitation arrangements are court-ordered, meaning that both parties are legally required to abide by the terms.

How Can Visitation Be Enforced if a Parent Refuses to Comply in TN?

Tennessee law allows a variety of enforcement actions if a parent refuses to comply with a visitation order. First, it is important to prepare. Be sure to document each instance of your child’s other parent violating the agreement. This includes the dates and times of each missed visit, communications made between the two of you, excuses given, and more.

Before turning to the court, try to have a peaceful and respectful communication, if possible. Express your concerns about the repeated violations and ask them to comply with the terms of the order. If the issue persists, it may be time to file a motion with the court.

You can petition the court for enforcement of the visitation order. Provide evidence of all violations and request that the court take action to ensure your child’s other parent complies with the terms. Depending on the circumstances, the court can take several actions, including:

• Ordering make-up parenting time
• Modifying the parenting plan
• Order counseling or parenting courses
• Imposing fines
• Suspending the non-compliant parent’s driver’s license
• Charging the non-compliant parent with contempt of court

When filing for enforcement, Tennessee courts require strong evidence and the following of proper procedures. Working with a lawyer can help ensure that your request meets the legal standards required and that you protect your parental rights.