Visitation
Serving Murfreesboro, TN & The Surrounding CountiesMurfreesboro Visitation Attorney
18 Years of Experience Advocating for Families in Rutherford, Coffee, and Wilson Counties
Will Fraley, Attorney at Law has been representing parents and families for years. As a result, he is deeply familiar with how the Tennessee family court system works and can effectively navigate you through every step of the legal process. We especially understand how important visitation cases are, as they directly impact your relationship with your child. So, you can trust that we will advocate for your parental rights assertively and tenaciously. Whether you have questions about how a judge will make a visitation decision or what the court is looking for in a visitation schedule, Will Fraley, Attorney at Law can help you.
Parental Visitation Rights
Divorcing parents will establish their co-parenting arrangement in a parenting plan. Parenting plans delineate each parent’s responsibilities and rights to make decisions on behalf of the child. They will also lay out the visitation schedule for when each parent will spend time with the child, including on weeknights, weekends, holidays, and summer breaks.
Note that parenting plans can be either temporary or permanent. Temporary plans will stand while the custody case is still pending, and permanent parenting plans will be finalized into an enforceable court order that will last until either parent requests modification or the child turns 18 years old.
The parent whom the child resides with will be designated the primary residential parent. The non-residential parent will, in most cases, be entitled to regular communication and a relationship with that child, such as through a weeknight visit or visits every other weekend as dictated by the visitation schedule. If the non-residential parent is being denied their right to visitation by the residential parent, they can file a petition for enforcement with the court, which may also provide grounds for modifying the parenting plan.
Factors Impacting a Visitation Decision
To decide on the visitation and residential schedule, a judge will consider several factors affecting the child’s developmental and emotional needs. According to TN Code § 36-6-106, these factors include:
- the child's relationship with each parent;
- each parent's role in performing parental caretaking obligations;
- the child's relationships with siblings and extended family members;
- the child's adjustment to home, school, and community;
- the importance of continuity in the child's life including the length of time the child has lived in the current environment;
- either parent's history of domestic violence or emotional abuse;
- each parent's moral, physical, mental and emotional fitness;
- the child's reasonable preference (if 12 years old or older);
- each parent's work schedule; and
- any other factor the court deems relevant.
Note that a parent who has committed domestic violence or abuse may be denied visitation time if this is in the child’s best interests.
If you have questions about your rights to visitation as a divorcing parent, Will Fraley, Attorney at Law can help you. We can take a look at your and your child’s situation, as well as your relationship with the other parent, to determine whether the visitation proposal fairly addresses your needs and parent-child relationship.
Contact Will Fraley, Attorney at Law online or at (615) 552-0332 to discuss your legal concerns in a free initial consultation.
Our Client Testimonials
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Choose Will Fraley Attorney At Law
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Native to Tennessee
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Dedicated Trial Attorney
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Spanish Speaking Services Available
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Nearly 20 Years of Legal Experience