Memphis Tennessee Child Custody Lawyer

How can I get visitation?

Visitation is the time a noncustodial parent spends with his or her minor children. Typically, visitation is set according to the custodial parent until an order is entered with the court.  Until a scheduled order is entered the custodial parent, usually the mother in non-divorce cases, has complete control over the children.

Visitation can then be set up by the father or a noncustodial parent through the divorce proceeding or a court visitation proceeding. Thus, if the parties were not married, then Juvenile Court will establish the visitation schedule upon filing a petition with the court.

Is there a standard visitation?

Generally, yes there is. What most people consider standard visitation is every other weekend, every other holiday and a few weeks in the summer. In Juvenile Court, this is pretty standard. However, in a divorce, the visitation schedule is not always standard and varies (based on the parties) from very little parenting time of one party to a fifty-fifty parenting time split. Parties can have an argument and fight for even more visitation from the standard based on past visitation. Mostly, visitation is agreed upon or mediated like most other aspects of divorce.  Mediation has even moved to the Juvenile Court now in some circumstances.

Can an agreed upon schedule be modified?

One thing to remember when entering into a visitation agreement, what you agree to is very, very difficult to modify. This means that before you agree, you had better be willing to live with it until the children reach the age of majority.  However, if the parties work well together, they can do whatever they want once the order is entered.  Just remember, you can only enforce what is ordered!

Can the children have a say in the visitation schedule?

Typically, the children cannot have a say in the visitation schedule. However, children are entitled to voice an opinion as to whom they would want to have custody after the age of 12. Although it is important to note that even at that stage, the opinion of a minor child will not be controlling.

Do grandparents have visitation rights?

YES it is possible in some circumstances.  Although Tennessee does not have a grandparent visitation statute, Grandparents are able to get visitation with their grandchildren in limited situations such as where their children have died and they have ties to the child.  They can also have visitation if the children grew up in their home or they played an integral part in raising them.

Attorney Misty Becker

Memphis Family Law Attorney, Misty Becker

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Becker Law Firm • 5100 Poplar Ave Ste 2606 • Memphis, TN 38137 • Phone: 901.881.6205
Becker Law Office of Memphis, Tennessee represents clients in the Metro Area and West Tennessee, including Cordova, Germantown, Collierville, Lakeland, Millington, Somerville, Covington, Paris, Nashville, Savannah, Jackson, Union City, Dyersburg, McKenzie and all communities of Shelby County, Fayette County and Tipton County.
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