My Ex Won’t Let Me See My Kids – Handling Custodial or Visitation Interference in Tennessee
As a part of the divorce judgment, the court will issue a written order that delineates which parent has primary residential parent status (which parent the child lives with most of the time) and which parent will have alternate co-parenting. This final parenting order has the force of law, so whether or not you agree that it is right or fair both parties must comply with the order until changed.
What if you are the parent who has alternate residential status, and you have worked out a parenting time agreement with your former spouse, but he/she is not abiding by it? What happens if you go to pick up your kids for your weekend with them, and your former spouse has taken them out of the state? If you were never married to your child’s mother and she keeps putting you off when you want to spend time with your child, this is what visitation interference looks like.
Knowingly interfering with custodial rights is a crime. If custodial interference becomes kidnapping the crime becomes a felony.
Get clear on your parenting rights
The intention of the court is that children develop healthy, bonded relationships with both parents. In fact, part of the court approved parenting plan form requires that both parents provide a loving and stable relationship with the child, they must not speak badly of the other parent, and they must encourage the child to love the other parent and feel comfortable in both families. Tenn. Code Ann. §36-6-101(a)(3) If a parent attempts to alienate the child from the other parent or interfere with visitation with the other parent, he or she is violating the law and runs the risk of losing custody of the child.
Take the time to read through the parenting order, which includes the co-parenting schedule, which holidays you have with your child and details about transportation, pick-up and drop-off schedules and arrangements. The contents is what a court can enforce.
Can I still see my kids if I am behind on child support payments?
The custodial parent does not have the authority to interfere with your right to co-parenting time with your children because your child support payments are in arears. If you fail to make timely child support payments, you will face other consequences, including possible jail but paying and time are not linked.
Enforcement of the child custody order
Document each time the primary residential parent interferes with your parenting time. Keep a log of when you are permitted time with the children; when the other parent re-schedules at the last minute; or, fails to get back to you with a revised schedule. This information will be helpful if you should have to petition the court to enforce your parental rights. Getting the court involved is a drastic step. Accusing your child’s other parent of custodial interference can have significant legal consequences which will not do anything to improve your relationship with them.
Co-parenting after divorce can be a challenging process, but if both parties agree to set their differences aside and model a healthy, cordial relationship, it will help the child to feel safe, loved and protected.
If you are facing custodial interference you likely have many important questions that an experienced, Knoxville family law attorney can answer.
At LaFevor & Slaughter, we are ready to help you overcome any challenge you might be facing when it comes to divorce and child custody issues. Call today 865-637-6258 to schedule a free initial consultation.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.