Visitation FAQ
August 26, 2023
Yes, Tennessee law provides that, generally speaking, the noncustodial parent should receive visitation rights so that the relationship between the noncustodial parent and the child is not broken. The Tennessee law on visitation specifically provides that after the court awards custody, “the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the noncustodial parent to maintain a parent-child relationship.”
A key exception to this is if the court finds after a hearing that visitation with the noncustodial parent would endanger the child. In such circumstances, any visitation – if allowed at all – would likely have to be supervised visitation.
Supervised visitation is a type of visitation where the party has visitation in question with his or her children, but there is a third party there who supervises the visitation. In other words, this parent is not allowed to have alone time – what is called unsupervised visitation – with the children. This could be applied to a parent who has been either physically or emotionally abusive to the children in the past, has had a drug problem, has committed a violent act in the past, or who otherwise is not deemed trustworthy to have unsupervised visitation with the children.
Virtual visitation refers to situations in which a parent cannot have physical visitation with her or his children, but can speak to the children virtually through Facetime, Zoom video conferencing, Skype, Facebook Live or some other form of similar communication. While courts prefer visitation to be physical, there are times when due to a parent’s employment or travel schedule, the visitation will need to be virtual.
Yes, Tennessee does have a statute on grandparent visitation rights. It allows grandparents of parents to petition for visitation rights. However, the U.S. Supreme Court has ruled in Troxel v. Granville (2000) that grandparent visitation rights cannot trump the liberty interests of a fit parent’s liberty interest in rearing her child. Writing for the Court, Justice Sandra Day O’Connor explained: “Accordingly, so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” One must show that there would be a substantial harm to the child to be awarded grandparents’ visitation in addition to the other requirements of the statute.
However, grandparents can still petition for visitation rights, and a court may grant such. This may apply for example, when the child’s mother or father (the daughter or son of the grandparent) is deceased as long as they meet the other statutory requirements.
Possibly, though, the Tennessee statute on stepparent visitation rights states that this applies in “extraordinary cases.” This sometimes applies when the stepparent has a very solid relationship with the child, but then the parent to whom the stepparent is married dies. The other parent, who has custody of the children, then denies visitation privileges to the stepparent. The stepparent can then petition the court for visitation rights. It is a high burden for the stepparent to overcome the wishes of a fit parent on the other side. However, it can happen in certain cases.
If you’re contemplating divorce or wondering about termination of parental rights, or if your case is being heard in court and custody of your children will be determined, our attorneys at Hagar & Phillips in Lebanon, TN, are here to assist you.
For more information about domestic relations, family law, or custody matters, you can speak with the best attorney in Lebanon, TN. Contact Hagar & Phillips for a confidential consultation at 615-784-4588.
