QUESTION

Would it make me look bad in court not letting my ex husband speak to our 4 year old on the phone

Asked on Nov 18th, 2019 on Child Custody - Tennessee
More details to this question:
Our son is 4 years old., I don’t feel like he is ready to talk on the phone at 4. No where in the final order is written anything about phone calls, my ex is taking me to court for more time with our son and wondering will this affect it
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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I am surprised to learn your  divorce does not mention phone calls. Parenting Plans should all include the following language:   Under T.C.A. § 36-6-101 of Tennessee law, both parents are entitled to the following rights: (1)  The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations. The parent exercising parenting time shall furnish the other parent with a telephone number where the child may be reached at the days and time specified in a parenting plan or other court order or, where days and times are not specified, at reasonable times; It is literally the first right listed in a long list of parental rights in TN.   If you are not allowing at least two unimpeded calls a week, then you are likely violating the other parent's rights, which is never a good look in Court. I would say that by itself, that is not grounds for him to get more parenting time, but if he can convince the court it is a part of an overall attitute on your part to minimize his involvement, that will be a strong factor in a modification case. Depending on your county, and many other factors, it may be the Court will lean towards increasing his time to a 50/50 schedule, or something with at least 120 days, if he does not have that already.  You h=ay very well have a good defense to his action, of course. 
Answered on Nov 25th, 2019 at 11:43 AM

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