How can I get visitation?
Visitation in Tennessee can also be called parenting time. It is the time a noncustodial parent spends with minor child or chlldren, whereas parenting time is when either parent spends time with the child or children. Typically, visitation, or parenting time, is set schedule during which time that parent with whom the children are physically with has complete control over the children.
Visitation set up through the divorce proceeding is usually called "parenting time." The parenting time is set up in a permanent parenting plan. This plan allows for freedom of scheduling, chosing decision making authority, and many variations and special provisions to be added. If the parties were not married, then Juvenile Court will establish the visitation schedule usually predetermined, and it will remain "visitation." For the purposes of this section, I will continue to call it visitation, regardless of divorce or not.
Is there a standard visitation?
Generally, yes there is or has been in the past. What most people consider standard visitation to be is every other weekend, every other holiday and a few full weeks in the summer. In Juvenile Court, this type of schedule is pretty standard. However, in a divorce the schedule is not always standard and varies from very little to half of the time depending upon the circumstances and the parties. One can have the argument and fight for even more visitation based on past visitation. Mostly, visitation is agreed upon or mediated with the other issues in the divorce. Even Juvenile Court has begun sending parties to mediation to allow them to resolve their visitation issues with less of a "cookie cutter" schedule. This has great benefits for the fathers and children, and it allows mothers more flexibility with their lives.
Can an agreed upon schedule be modified?
One thing to remember when entering into a visitation agreement, once you agree to a schedule, it is very, very difficult to modify the schedule. This means that before you agree, you had better be willing to live with it until the children reach the age of majority. However, as children are everchanging, so are visitation agreements.
Can the children have a say in the visitation schedule?
Typically, the children do not determine where they live. However, children over the age of 12 may have a voice as to with whom they would want to live. The Court may listen to this voice, but may not always follow it. The older the child, the more likely the Court will find his or her voice compelling or controlling.
Do grandparents have visitation rights?
Although Tennessee does not have a grandparent visitation statute, they do have Grandparents' rights to some extent. Grandparents are able to get visitation with their grandchildren in limited situations such as where their children have died or they have ties to the grandchildren and raised or helped raise the grandchildren. In cases of abuse or neglect, a grandparent always has standing to petition the Court and step in and ask for custody.
