Building and maintaining a strong relationship with your child after a divorce or separation is not just about court orders—it's about showing up, knowing your rights, and staying involved over time. In Tennessee, the law supports the involvement of both parents, and understanding your non-custodial visitation rights is the foundation for protecting your bond. If you’re navigating parenting plans, missed visits, or facing obstacles to meaningful time with your children, the right information and guidance can make a real difference for your family's future.
What Rights Do Non-Custodial Parents Have Under Tennessee Visitation Laws?
Non-custodial parents in Tennessee hold significant rights when it comes to visitation, legally known as "parenting time." State law recognizes the important role both parents play in a child’s life and encourages ongoing, meaningful contact for children after a separation or divorce. Courts presume children benefit when both parents are actively involved in their upbringing and tend to support liberal visitation arrangements, barring concerns for the child’s safety or well-being.
Unlike other states that may define visitation more narrowly, Tennessee’s family law expects parents to cooperate in making decisions about their child’s schedule and participation in daily life. A well-defined court-ordered schedule allows for regular contact and typically addresses holidays, vacations, schooling, and transportation logistics. These schedules are not optional—both parents are legally bound to comply, and deviations can lead to legal consequences.
The law also guards against arbitrary denials of visitation. Non-custodial parents can expect access at times set forth in the agreement, whether that involves standard alternate weekends, weeknight dinners, or additional summer and holiday time. Agreements can be customized based on a family’s unique circumstances, with courts encouraging input from both parents when establishing the parenting plan.
How Are Visitation Schedules Determined in Tennessee?
Visitation schedules for non-custodial parents in Tennessee are primarily established through a “Permanent Parenting Plan,” a detailed document tailored to each family. When parents agree, they can work together—often with legal guidance—to develop a schedule that provides the best environment for their child. If there is disagreement, the court intervenes and develops a schedule based on the child's best interest, balancing practical circumstances alongside parental involvement.
Several critical elements shape the outcome of a visitation schedule. Judges consider the parents’ living arrangements, the child’s school and extracurricular needs, the distance between households, and any special requirements unique to the family. A standard schedule might include:
- Every other weekend visitation, usually Friday evening through Sunday evening
- One or two weekday evening visits
- Alternating school breaks, holidays, and birthdays
- Extended summer or holiday parenting time
For parents who live far apart or have unusual work hours, arrangements can be modified so the child maintains consistent contact. Transportation responsibilities and exchange locations are also specified in the plan to prevent confusion and ease transitions. Tennessee courts value clear routines because predictable schedules reduce conflict and give children needed stability.
Which Factors Influence a Judge’s Decision on Visitation in Tennessee?
Judges in Tennessee must focus on the child's best interest when resolving disputes about visitation for non-custodial parents. The law outlines specific factors under Tennessee Code Annotated § 36-6-106 that the court must weigh before finalizing a plan or making a modification. These include each parent’s ability to nurture the child, provide a safe home, encourage a positive relationship with the other parent, and handle the day-to-day responsibilities of raising a child.
Court considerations frequently involve the following:
- The emotional bonds and past involvement between parent and child
- The child’s wishes, when sufficiently mature to express a preference
- Both parents’ mental and physical health, moral character, and employment
- The stability of each parent’s household and recent home environments
- History of domestic violence, child abuse, or substance abuse, if present
- Willingness of each parent to facilitate and encourage regular contact with the other
The court reviews every piece of evidence in a holistic manner rather than allowing any one issue to dictate the outcome. Notably, parents who demonstrate constructive communication and support for the child's ongoing relationships tend to be viewed favorably. When the court detects harmful behaviors—such as attempting to alienate the child or undermine the co-parenting relationship—it may modify visitation privileges accordingly.
When Can a Tennessee Court Deny or Restrict Visitation to a Non-Custodial Parent?
While Tennessee law strongly favors maintaining bonds between children and both parents, the court will restrict or deny visitation if it finds compelling reasons to believe that contact could be harmful. A parent’s right to visitation can be limited, supervised, or suspended when serious safety risks are proven. Common grounds for these decisions include substantiated allegations of child abuse, neglect, repeated domestic violence, or ongoing substance abuse by the non-custodial parent.
In practice, a custodial parent who believes unsupervised visitation is unsafe must present credible evidence in court. Judges may consider police reports, school or health records, and testimony from relatives or professionals. In many cases, instead of permanent denial, courts direct supervised visitation, allowing a professional or approved adult to be present for visits. This arrangement protects the child’s safety while permitting them to maintain some connection with the non-custodial parent.
Judges rarely deny all contact between parent and child unless continued visitation poses a clear danger to the child's well-being. Even when visitation is denied, the court reviews the restrictions periodically and may reinstate regular parenting time if the non-custodial parent addresses the underlying concerns—such as seeking counseling, completing treatment, or demonstrating consistent responsible behavior.
How Can a Non-Custodial Parent Modify a Visitation Order or Request More Parenting Time?
Life changes quickly, and sometimes a non-custodial parent finds their current visitation arrangement no longer fits the family’s situation. In Tennessee, a parent seeking to modify an existing visitation order must file a formal petition with the court, supported by clear evidence of a "material change in circumstances" since the last order. Changes in jobs, children’s schooling, the child’s needs, health developments, or significant logistical shifts all potentially qualify.
The court does not adjust a parenting plan without solid proof that the change is necessary. Parents should gather relevant documents, such as school records, medical information, written communication with the other parent, and schedules that show how the current order creates challenges for the child. Tennessee courts may also request testimony from teachers, coaches, health professionals, or others familiar with the family’s routines.
The process typically involves:
- Filing a petition for modification with the appropriate Tennessee court
- Providing evidence of why the current order should change
- Participating in a court-ordered mediation, when necessary
- Attending a hearing, where both parents can present arguments and evidence
- Waiting for the court to issue a new, enforceable order reflecting the family’s updated arrangements
Demonstrating a commitment to flexibility, cooperation, and the child’s best interest often helps a parent's case. Tennessee encourages families to resolve modification requests amicably, but courts remain available to serve as decision-makers when parents cannot agree.
What Should Non-Custodial Parents Do If Their Visitation Rights Are Being Denied?
If your parenting time is ignored or blocked by the custodial parent, Tennessee law provides remedies to enforce your rights. The first step involves carefully documenting every instance where visitation did not occur as ordered, such as missed visits, late arrivals, or false allegations restricting your access. Maintaining organized, dated records helps establish a pattern if court involvement becomes necessary.
After documenting these issues, reach out to the other parent in writing to request that future visits follow the court-ordered plan. If good-faith communication fails, you can file a Petition for Contempt in the court that issued the parenting plan. The judge may then order compliance, impose penalties, or require makeup parenting time. Courts do not tolerate deliberate interference—such actions may even impact future custody arrangements.
It’s vital not to take matters into your own hands by withholding child support payments or retaliating with your own schedule. Tennessee courts treat parenting time and child support as separate obligations. Parents who use resources like family mediation services, court parenting plan coordinators, or legal representation can often restore fair arrangements and refocus on the child’s best interest without provoking further conflict.
What Rights Do Unmarried & Out-of-State Non-Custodial Parents Have in Tennessee?
Unmarried fathers in Tennessee have the same rights to request visitation as fathers who were married to the child’s mother. However, legal paternity must be established for a non-custodial parent to seek these rights. Voluntarily signing a paternity acknowledgment, seeking DNA testing, or obtaining a court order are common paths to this legal recognition. Once paternity is confirmed, the court uses the same standards for parenting plans and visitation schedules as it does for married parents.
For non-custodial parents living outside Tennessee, the state applies the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to help coordinate with courts in other jurisdictions. Out-of-state parents have the right to a fair and reasonable visitation schedule, even if travel is involved. Parenting plans may include longer holiday visits, extended summer time, and virtual visitation via phone or video calls to bridge the distance.
Parents who remain proactive, communicate clearly, and demonstrate commitment are more likely to maintain strong relationships despite legal or logistical barriers. Accessing local legal guidance or family law resources familiar with cross-state and paternity cases can smooth the process and ensure rights are protected under both Tennessee and federal law.
When & Why Do Tennessee Courts Order Supervised Visitation?
Supervised visitation is sometimes necessary to balance a child’s need for continued parental contact with concerns about safety. Courts in Tennessee order supervised visitation when there are verified risks tied to the non-custodial parent, such as a history of substance abuse, untreated mental health issues, past domestic violence, or extended parent-child estrangement. The supervision can take place at a designated facility, with a professional monitor, or under the watch of a trusted family member approved by the court.
Supervised visitation arrangements follow clear, court-ordered procedures. Visits are scheduled in advance, protocols must be followed, and the supervisor monitors the interaction for any issues that could endanger the child. These visits provide non-custodial parents with a path to maintain and rebuild bonds under challenging circumstances, ensuring the child remains protected at all times.
Supervised visitation is typically a temporary solution. With proof of progress, such as completing a treatment program, attending counseling, or consistent good behavior during supervised time, parents may petition for unsupervised visits in future court reviews. Judges regularly revisit these arrangements, aiming to restore unrestricted parenting time as circumstances permit and the child’s safety can be assured.
How Does Relocation or Major Life Change Affect Non-Custodial Visitation in Tennessee?
When a parent who shares custody or visitation rights in Tennessee needs to relocate 50 miles or more away from the other parent—or to another state—strict rules apply. The parent planning to move must provide written notice to the other parent at least 60 days in advance, including information about the new address, reasons for moving, and a proposed revised visitation schedule. The other parent has 30 days to object, initiating a legal process where both sides present their arguments.
Court decisions about relocation focus on the child’s best interest. Judges examine motives for the move, the impact on the child’s education, social life, and family ties, and each parent’s historical involvement. When relocation is permitted, the non-custodial parent may receive longer but less frequent periods—such as much of the summer and extended holidays—to preserve bonds despite the geographical distance.
Major shifts in a family’s circumstances—such as serious illness, parental job loss, or remarriage—can also warrant a formal modification of the visitation plan. Rather than relying on informal changes, parents are encouraged to work through the court so any adjustment is lawful and enforceable. Keeping records and consulting with an attorney can help non-custodial parents address these life changes while safeguarding their rights and their children’s well-being.
How Can Non-Custodial Parents Maintain Strong Relationships With Their Children?
Positive parent-child relationships are not built on legal documents alone—they are forged through regular, meaningful contact. Non-custodial parents in Tennessee can actively support their child’s development by maximizing visitation time and staying connected in between visits through calls, video chats, or written notes. Getting involved in your child’s everyday life, from attending events to helping with homework, shows commitment and strengthens emotional bonds.
Establishing a predictable routine helps children feel secure and reinforces that both parents are dependable. Keeping promises, showing respect for the other parent, and avoiding conflicts in front of the child create a supportive environment for development. Small gestures—such as sharing family traditions during holidays or scheduling special outings—can have a big impact on the relationship.
Tennessee also offers access to community programs, counseling, and resources designed to help parents adapt to their new roles. Participating in co-parenting classes or local workshops can provide valuable skills and support. At Casey, Simmons & Bryant, PLLC, we encourage parents to seek these opportunities to build resilient connections that endure, no matter what time they have with their children.
Where Can You Find Trusted Resources for Non-Custodial Visitation in Tennessee?
Accessing reliable information and strong support networks is critical for non-custodial parents seeking to assert or protect their visitation rights in Tennessee. The Tennessee Administrative Office of the Courts (tncourts.gov) offers parenting plan forms and resources, while the Department of Human Services addresses enforcement and support. Many counties provide parenting plan coordinators, mediation services, or legal clinics to help families complete necessary paperwork and resolve disputes.
Community organizations—including local fatherhood initiatives, counseling centers, and YMCAs—host programs focused on relationship-building and practical parenting skills. For situations involving cross-state moves, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps standardize enforcement and protect custody arrangements across state lines.
The legal landscape for non-custodial parents continues to evolve, and seeking timely, personalized legal guidance is often the best way to protect your rights. If you have questions about your parenting plan, enforcement procedures, or next steps, dedicated attorneys at Casey, Simmons & Bryant, PLLC are here to help.
You are not alone in this process—reach out by calling (731) 256-0023 for advice and information tailored to your family, your needs, and your goals.