Visitation Rights in Tennessee

Created by FindLaw's team of legal writers and editors | Last reviewed February 05, 2019

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After a romantic relationship has run its course, custody determinations should be addressed for couples with children. If the parents can't agree to visitation terms, then the court will step in to make the arrangements and put its decisions into a parenting plan.

In Tennessee, there are two main custody roles concerning physical custody. The primary residential parent (PRP) is the parent with whom a child lives with more than the other parent. The other parent is referred to as the "alternative residential parent" (ARB). The ARB doesn't live with the child, but they're still entitled to parenting time or visitation rights.

Visitation Rights in Tennessee at a Glance

The best way to get help with understanding complex statutes is by talking with an attorney. However, you can also learn about the law by reading a plain language version of the content. The chart below details important takeaways about visitation rights in Tennessee.

Statutes

Tennessee Code Annotated

 

Parental Rights

 

Communication Rights

  • The right to unimpeded phone conversations with the child at least twice a week at reasonable times and for reasonable durations;
  • The right to send mail to the child which the other parent shall not destroy, deface, open, or censor; and
  • The right to receive notice and relevant information as soon as practical (but within 24 hours) about hospitalization, major illness, injury, or death of the child.

Denial of Visitation Rights

Any parent who has been convicted of rape, aggravated rape, or rape of a child is denied visitation rights and custody rights.

Compliance with Visitation Order

In all cases where visitation is ordered, both parents must comply with the order by turning over custody of the child on the days and at the times in the order and by picking up the child and returning the child on the days and at the times that are ordered by the court.

Penalties for Noncompliance

If a parent denies the other parent their court-ordered parenting time, the offending parent may be:

  • Held in contempt;
  • Fined; or
  • Jailed.

Grandparent Visitation Rights

Tennessee recognizes visitation rights for grandparents. The grandparents will only be awarded visitation if it's in the best interests of the child. In determining that, the court will consider the following:

  • The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;
  • The existing emotional ties of the child to the grandparent;
  • The preference of the child (if court determines that the child is mature enough to express a preference);
  • The effect of hostility between the grandparent and the parent of the child, and the willingness of the grandparent (except in case of abuse) to encourage a close relationship between the child and the parent(s) of the child;
  • The good faith of the grandparent in filing petition;
  • Whether the grandparent is seeking to maintain a significant existing relationship with the child; and
  • Any court finding that the child's parent is unfit.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Visitation Rights in Tennessee: Related Resources

Need Help Asserting Your Visitation Rights? Contact a Tennessee Lawyer

If you're a parent you need to know how the law impacts when you can see your child. But understanding your visitation rights in Tennessee isn't always easy. Get clarification and peace of mind by discussing your situation with an attorney who specializes in child custody matters.

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