Springfield, TN asked in Family Law and Child Custody for Tennessee

Q: In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?

The child is 2 years old. A parenting plan has just been recently agreed upon by both parents and made legal. My question is what do you do if the mother is withholding your child from you? Or what will happen in this case? If law enforcement's were to be called and she still refuses to hand the child over when it is the fathers time will she then be held in contempt of court and have a warrant put out for her arrest? This is what I've heard. I would just like to know and comfirm if this is true or not?

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1 Lawyer Answer
Kimberly K. Schreiber
Kimberly K. Schreiber
  • Divorce Lawyer
  • Memphis, TN
  • Licensed in Tennessee

A: Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep a record of texts when you go to pick up your child and ask where your child is.

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