QUESTION
i would like to know my rights as the parent that has custody of my 13 year old daughter
Asked on May 31st, 2020 on Family Law - Tennessee
More details to this question:
In the summer time my ex gets my daughter in the summer for maybe a month 1/2 once school is out but now that this covid-19 has been going on since February or so i dont feel that its safe to send her anywhere at this point in time being that i have no idea who her dad or step mother has been around or who has been around them and therefore dont want to send her this time frame but it appears he has been talking to my daughter saying he is making plan to get her because its his time and that there is nothing i can do to stop him of course i disagree because i do have custody of her and i'm doing what i feel is in the best interest of her.
1 ANSWER
Good evening. The COVID-19 crisis is definitely not, let me repeat not, grounds to refuse summer parenting time. That is not me as a person criticizing your parenting, that is a lawyer answering your question. The judges in the state of Tennessee will absolutely consider a refusal to allow parenting time to be willful contempt of court.
The same order that apparently gives you primary custody gives him the summer visitation. If you have custody, then that is because you have a valid court order. That means it's valid both ways. Having primary custody does not mean you can modify parenting plan without court approval.
I feel pretty sure that's not what you were hoping to see, and I'm sorry to give bad news, but I'm absolutely positive I'm correct. You do not want to deny this parenting time. Best of wishes to you and your family; I certainly hope everyone stays safe and healthy.
Answered on Jun 01st, 2020 at 5:46 PM