Reasons for a Denial of Child Visitation in Tennessee

History of Abuse or Neglect

• Child visitation rights may be denied if the parent has a history of abusing the child. Neglect, physical violence, sexual abuse or emotional abuse qualify as a reason to deny visitation to a parent. Custodial parents may act to deny visitation to a parent who poses such a danger to the child until a court order has been issued denying the visitation.
  
  

Risk from Visits to Parent's Home

• Endangerment of a child can include any risk to the child from any person living with the non-custodial parent. If the father or mother lives with an individual who is violent or a drug abuser, the custodial parent can seek a court order to deny visitation. In such instances, the court may set restrictions on the visitation rather than completely deny visitation rights. Alternative solutions may include supervised visitation in a public place.
  
  

Mental Condition of the Parent

• A parent may be denied visitation with a child if there is a question over the mental stability of that parent. Of concern are mental conditions that may prevent a person from engaging with the child or that may impair the ability to use judgement to protect the child. Questions about mental stability may arise out of a history of substance abuse or addictions exhibited by the parent.
  
  

Lack of Child Supervision During Women's Prison Visits

• An incarcerated parent may not have her visitation rights denied unless the parent had little contact with the child prior to imprisonment. With prison approval, young children from age 3 months to 5 years may visit their mother over a weekend in the Tennessee Prison for Women, where a special facility is set up for this purpose. A prison may deny child visitation in instances where the parent shows that she cannot properly supervise the child during weekend stays.
  
  

Grandparent Rights

• The State of Tennessee will grant grandparents the right to visit a grandchild if a significant relationship between them can be proven. In addition, the court has to believe that failure to visit grandparents will cause irreparable damage to the child. However, it is very hard to prove that failure to see grandparents will cause irreparable damage to a child. If a grandparent's petition for visitation fails to meet these two tests, then the request will be denied.