Legal Question in Family Law in Tennessee

visitation rules w/a sick child involved

Can i withold visitation from my ex-wife, since she has no telephone in her home, considering that our 5yr old is a cancer patient undergoing chemotherapy?


Asked on 10/20/04, 11:30 pm

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: visitation rules w/a sick child involved

Parties withhold visitation from ex-spouses all the time. But I tend to represent those whose visitation rights have been arbitrarily and unilaterally denied. If you stop the visitation on your own, you could be charged with sanctions -- if your ex-wife hires a hot shot attorney. The better move would be to file a petition in court to modify visitation due to your wife's lack of a phone. Are you positive she does not have a cell phone or a next door neighbor she could use to make a call? If so, then you really have no justification to deny visitation and it sounds more like spite.

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Answered on 10/21/04, 12:19 am


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