How is Child Visitation Determined in a Tennessee Divorce?

In Tennessee the court determines child visitation rights upon a request by a non-custodial parent. Absent any endangerment to the child, the court will designate a schedule regarding specific days, holidays and occasions on which a non-custodial parent may have visitation. In Tennessee, grandparents and stepparents also have child visitation rights in certain situations. Anyone with a history of physical or sexual abuse toward the child or any child will not be granted visitation rights.

36-6-301. Visitation

After making an award of custody, the court shall, upon request of the non-custodial parent, grant such rights of visitation as will enable the child and the non-custodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health.

In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the non-custodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur.

36-6-302. Grandparents Visitation Rights

(a)(1)(A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and

(B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise;

(2) Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that:

(A) Such visitation rights would be in the best interest of the minor child;

(B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;

(D) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect after November 1, 1989, would constitute the criminal offense of:

(i) Aggravated rape

(ii) Rape

(iii) Aggravated sexual battery

(iv) Sexual battery

(v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv)

(vi) Incest

(vii) Sexual exploitation of a minor

(viii) Aggravated sexual exploitation of a minor

(ix) Especially aggravated sexual exploitation of a minor

(b) This section shall not apply in any case in which the child has been adopted by any person other than a stepparent or other relative of the child.

36-6-303. Visitation Rights of Step-Parents

(a) In a suit for annulment, divorce or separate maintenance where one party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent jurisdiction upon a finding that such visitation rights would be in the best interests of the minor child and that such stepparent is actually providing or contributing towards the support of such child.

Always Talk to an Attorney

If you are a non-custodial parent in Tennessee, you have child visitation rights if the courts deem it is in the best interest of the child. This is also true if you are a grandparent or a stepparent. Talk with an experienced family law attorney to discuss the details of your case.

Thinking About Divorce?