Children often express strong emotions about visitation arrangements following a separation. If your child resists spending time with the other parent, you may question whether Tennessee law permits such refusal. While a child’s age and maturity are relevant, the decision ultimately rests with the court.
How Tennessee courts evaluate child preferences
In Tennessee, a child’s preference becomes a factor in custody decisions beginning at age 12. Judges may also consider the views of younger children if they demonstrate sufficient maturity. However, a child’s preference is only one of several factors, and it does not override an existing court order.
When a child refuses visitation, courts investigate the underlying reasons. They examine whether the resistance stems from genuine concerns such as fear or discomfort, or whether a parent may be exerting undue influence. Courts are particularly wary of parental behavior that undermines the other parent’s relationship with the child.
Parental duties in the face of visitation resistance
Court-ordered visitation schedules must be upheld, even when a child is unwilling. Failing to comply without judicial approval can lead to legal repercussions. Parents are expected to promote adherence to the schedule unless a modification is granted.
Engage your child in open dialogue to understand their perspective. If there are serious concerns, especially those related to safety, document the circumstances and consider petitioning the court for a formal review. Do not unilaterally alter the arrangement. Maintain records of your efforts to facilitate visitation if resistance continues.
When courts consider revising visitation orders
Courts may revise custody arrangements when there is compelling evidence. Modifications, such as supervised or reduced visitation, require proof of substantial change, not merely a child’s reluctance. A formal petition supported by factual evidence must be filed for the court to take action.
Supporting your child while respecting legal obligations is challenging. Demonstrating calm, cooperative behavior reinforces your commitment to your child’s well-being. Courts prioritize stable, positive relationships with both parents, and your adherence to legal processes strengthens your position.