A lot of divorced parents have experienced the scene when their child pitches a fit because they do not want to go and spend time with their other parent. It could be a fussy three-year-old who does not want to leave your side, or it could be a moody, cranky teen who wants to stay home because they have already made plans with their friends. If your child really does not want to go with your former spouse for their weekend visitation, what can you do? Must you force them to go?

As the primary residential parent of your children, you have a responsibility to make sure that your child’s other parent gets as much access to their children as the court ordered custody agreement allows for. It is your job to make sure that you encourage the children to spend time with their other parent as well. Even if you are not on the best relationship terms with your former spouse, you must do whatever you can to firmly insist that your child give their other parent a chance.

The Tennessee parents bill of rights

During the divorce process, both parents must work together to develop a parenting plan for each child. Otherwise, the Court will decide the terms of the parenting plan.  The parenting plan will include all of the details about that child’s life from their educational, social, medical and religious life, their school and vacation and holiday schedules, their extracurricular activities and any other important information in the life of the child. The parenting plan will also include a detailed residential calendar including the days when the child will be staying with the noncustodial parent. It is the responsibility of both parents to adhere to the residential schedule.  This does not mean that they cannot accommodate requests to change the schedule from time to time.

Part of the Tennessee parenting plan form is a section called the “Rights of Parents,” which includes nine different provisions for parents under Tennessee law. Parents who do not require their child to comply with the parenting plan, which has the force of law, can be subject to contempt if the other parent petitions the court.

The Tennessee courts hold that it is in the best interest of the child to have close, bonded relationships with both parents. In situations where you believe it may be unsafe for the child to be alone with their other parent, arrangements can be made for supervised visits. Assuming that there is no reason other than the child’s personal preference for them not to spend time with their other parent, both parents must work together to help the child feel comfortable in both households.

Are you dealing with contentious child custody issues? We can help. You are welcome to contact our experienced Nashville divorce attorneys at Miller Upshaw Family Law, PLLC to reserve an in-person or video consultation time to discuss your needs.