When parents divorce in Tennessee, child custody and visitation can become some of the most emotionally charged aspects of the process. A common question parents face is whether a child can refuse to visit one parent after a custody order has been put in place. While a child’s preferences may be considered, Tennessee law has clear rules regarding parental visitation and compliance with court orders.

Tennessee Law on Custody and Visitation

In Tennessee, visitation and parenting time are governed by a Permanent Parenting Plan established by the court. This plan outlines when each parent will spend time with the child and is legally binding. Both parents must comply with it unless the court modifies the arrangement.

If a child refuses to visit one parent, the custodial parent is still legally obligated to encourage and facilitate visitation. Failing to do so could be viewed as violating a court order, potentially resulting in contempt proceedings or changes to custody.

Considering the Child’s Wishes

Tennessee courts do take a child’s preference into account, especially as the child grows older. Typically, judges will give more weight to the opinions of children age 12 and older, but the child’s preference alone is not enough to override a court-ordered parenting plan. The court will always prioritize the best interests of the child over personal desires.

When a Refusal May Be Reasonable

There are circumstances where a child’s refusal may stem from legitimate concerns, such as fear of abuse, neglect, or a toxic environment. In such cases, the court may review the situation and, if necessary, modify the visitation schedule or impose supervised visits. Parents should never take matters into their own hands but should instead seek legal advice to handle these concerns properly.

Legal Options for Parents

If a child is resisting visitation, parents should document the situation, communicate respectfully with the other parent, and avoid punitive measures against the child. Seeking the assistance of a family law attorney can help determine whether to file a motion to modify custody or request a court review.

At Law Offices of Crystal Etue, PLLC, we can provide legal assistance to the Franklin public in navigating child custody and visitation disputes. Our team understands how delicate these matters can be and can help you pursue the best path forward for your family.