Legal Question in Family Law in Tennessee
Visitation
I have custody of my daughter and her father has visitation every other weekend. On his weekends to see her, he comes up with excuses as to why he can't get her. If he keeps this up, can I have his visitation rights taken away? I expect him to still pay child support.
2 Answers from Attorneys
Re: Visitation
Visitation is a "privilege" not a "right" that the courts grants you. If you don't use it, you lose it. It is also separate from child support. One does not have anything to do with the other. You can not only ask the Court to suspend his visitation privileges but you can also ask the Court to give you an increase or "upward deviation" in child support because of his failure to visit. The reasoning behind that is that he is not relieving you of the child by visiting so you end up having the child almost "all" of the time; which costs you more.
Re: Visitation
You certainly can petition the court to modify the visitation/ parenting time schedule. Also you may be entitled to an increase in child support based upon his lack of visitation. Seek legal counsel and inquire about that. Best of luck.
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