Full question:
A friend of mine is the father of 4 children by 3 different women. He pays child support for all four. Of the four adults involved, he is the ONLY parent with a full time job. The 3 women either do not work or CHOOSE to only work part-time because they don't want full-time hours. He pays $100 for two of the children (a piece). The other two children (daughters) he fathered with one woman, who just happens to be one that tries to work as little as possible. His daughters are 9 and 3. He already pays double for the oldest daughter ($200) and recently the mother took him to court and now he is being required to pay another $200 for the youngest daughter as well. Meanwhile, when he requests time with his daughters, the mother and grandmother refuse and will only grant him time with the girls when it is convenient for them (which is seldom). The grandmother also just happens to work at the courthouse and knows the judge. While I don't feel the judge is acting in an illegal manner, I do believe that the grandmother knows enough about the law to deny my friend visitation with his children, therefore allowing her daughter (the girls mother) to take full advantage of the system by showing that he spends no time with them and provides nothing for them in any way. My friend has requested that his case be reviewed and/or presided over by another judge; neither of which have been granted. At some point he had a public lawyer who barely even knew his name, much less anything about his case. So basically, he was of no help. My friend cannot afford a family law attorney and at this point, neither can I.
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: Tennessee
Answer:
The answer will depend on all the facts and documents involved, such as whether paternity has been established, the parties are married or divorced, and there is currently a visitation order in effect. If there is an order for visitation that is being violated, it is possible to request a hearing on the matter (see statutes below). A visitation order must be obeyed, and failure to provide child support is not an excuse for denying visitation.
Unmarried fathers have rights and duties similar to those of married fathers. Couples who are living together but are not married should take steps to ensure that both are recognized as the legal parents. Both parents can be listed on the birth certificate. A parent who is not listed may be able to be added after the birth of a child if the parent contacts the state Bureau of Vital Statistics in which the birth took place. The father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the court orders the birth certificate to be changed to reflect the father’s name. A father can acknowledge paternity by signing a written admission or voluntary acknowledgment of paternity or paternity may be established by filing a civil lawsuit. Generally, paternity must be established for the father to seek custody and/or visitation rights with his child. Paternity refers to the legal acknowledgment of the parental relationship between a father and his child.
Fees vary by attorney, but many offer an initial free consultation and an estimate of costs may be obtained at that time.
The following are TN statutes:
36-6-502. Compliance with visitation orders; enforcement.
(a) In all cases where visitation is ordered, both parents shall comply
with such order of visitation by turning over custody of the child on the
days and at the times so ordered by the court and by picking up the child
and returning the child on the days and at the times so ordered by the
court.
(b) An order of visitation may be enforced by using the license
revocation, denial or suspension procedures provided in this part and any
other sanctions deemed appropriate by the court.
(c) Notwithstanding any provision of law to the contrary, if the driver
license of a parent is currently canceled, suspended or revoked pursuant
to title 55, chapter 10, part 4, or title 55, chapter 50, part 5, and, if
such parent personally drives a motor vehicle to the location where the
parent is scheduled to take custody of a child pursuant to a valid order
of visitation or parenting plan, then the parent or other person having
custody of the child may refuse to turn over custody of the child under
the circumstances and such refusal shall not constitute a violation of
subsection (a).
36-6-503. Petition court for intentional violation of parent — Serving
notice.
(a) A parent, who has been victimized by the other parent's intentional
violation of § 36-6-502(a) on two (2) or more occasions within any
six-month period, may petition the court having jurisdiction over the
order of visitation for a finding that the other parent is not in
compliance with an order of visitation; provided, prior to the most
recent violation, the victimized parent must have notified the other
parent, by certified mail, return receipt requested, that subsequent
violations of the court-ordered visitation shall be subject to sanctions
authorized by this part and a copy of such notification must have been
filed with the court. The petitioner shall include with the petition any
information concerning a license held by the other parent and covered by
§ 36-6-511. A notice shall be served on the other parent together with
the petition. Such notice shall state that:
(1) The parent may request a hearing to contest the issue of
compliance;
(2) A request for a hearing must be made in writing and must be
received by the court within twenty (20) days of service;
(3) If such parent requests a hearing within twenty (20) days of
service, the court shall stay the proceedings to certify such parent to
any appropriate licensing authority for noncompliance with an order of
visitation pending a decision after the hearing;
(4) If the court finds that such parent is not in compliance with an
order of visitation or such parent does not request a hearing within
twenty (20) days of service, the court may certify such parent to any
appropriate licensing authority for noncompliance with a court order of
visitation; and
(5) If the court certifies such parent to a licensing authority for
noncompliance with an order of visitation, the licensing authority,
notwithstanding any provision of law to the contrary, must deny a renewal
request, revoke such parent's license or refuse to issue or reinstate a
license, as the case may be, until such parent provides the licensing
authority with a release from the court pursuant to § 36-6-508 that
states such parent is in compliance with the order of visitation.
(b) The notice sent pursuant to this section shall also include a
statement informing such parent of the need to obtain a release from the
court in order to allow such parent's license to be issued, renewed or
reinstated. The notice shall be served by certified mail, return receipt
requested, or by personal service with an affidavit of service completed
by an authorized process server.
36-6-504. Determination of contesting the court's intention.
(a) If a parent requests a hearing pursuant to this part to contest the
court's intention to issue a finding of noncompliance to a licensing
authority, the court shall conduct the hearing only to determine:
(1) Whether the licensee is a parent subject to an order of
visitation;
(2) Whether the licensee is not in compliance with an order of
visitation; and
(3) Whether good cause exists to impose the licensing sanctions
provided for in this part.
(b) The parties may enter into a consent order wherein the parent in
violation agrees to henceforth comply with the order of visitation. Upon
entry of such an order the proceedings for licensing sanctions shall be
further stayed unless there is noncompliance with the consent order. In
the event of noncompliance with the consent order, the stay shall cease
and the court shall certify to each affected licensing authority that
such parent is not in compliance with an order of visitation. Entry of
such consent order shall constitute a waiver of such parent's right to
any hearing on the issue of noncompliance with an order of visitation
based upon the notice of noncompliance for which the consent order has
been entered.
(c) The cost of this action and reasonable attorney's fees shall be
taxed to the parent who is not in compliance with an order of
visitation. The cost of this action and reasonable attorney's fees shall
be assessed against any parent who, in bad faith, petitions the court for
imposition of sanctions pursuant to this part.
36-6-505. Requesting hearing for noncompliance.
(a) If a parent timely requests a hearing to contest the issue of
compliance, the court shall stay the action and may not certify the name
of such parent to any licensing authority for noncompliance with an order
of visitation until the court issues a written decision after a hearing
that finds such parent is not in compliance with an order of visitation;
provided, that after a decision by the court has been made in the form of
a final order as provided in § 4-5-315, there will be no further stay
unless a reviewing court issues a stay, which stay shall be automatic
upon the filing of a notice of appeal.
(b) The court shall issue its decision after hearing without undue
delay. The order must inform both parents that either party may file an
appeal of the decision within thirty (30) days of the date of the
decision. A certification concerning the status of a license shall be
automatically stayed pending disposition of an appeal.
(c) Upon a finding of noncompliance, the court may also allocate
additional time with the child to the non of fending parent.
(d) Notwithstanding any law to the contrary, the court shall assess
costs of an unsuccessful appeal of notice of noncompliance to the parent
in non-compliance.
36-6-506. Determining noncompliance of visitation.
The court may certify in writing or by electronic data exchange to each
licensing authority that the offending parent is not in compliance with
an order of visitation if:
(1) Such parent does not timely request a hearing upon service of
notice issued under § 36-6-503;
(2) Such parent has not entered into a consent order as provided for in
§ 36-6-504, or having entered into such an order, has failed to comply
with such an order;
(3) The court issues a decision after a hearing pursuant to this
part that finds such parent is not in compliance with an order of visitation;
or
(4) In any proceeding to enforce any provision of an order of
visitation, the court finds a parent to be not in compliance with the
order of visitation and the other parent specifically prayed for relief
in the form of license revocation, denial or suspension.
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. The court may not order the department of children's services to
provide supervision of visitation pursuant to this section except in cases
where the department is the petitioner or intervening petitioner in a
case in which the custody or guardianship of a child is at issue.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
