Court hears explosive custody battle over visitation rights

November 01, 2024 | Judge David D. Wolfe State of Tennessee, Judicial, Tennessee


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Court hears explosive custody battle over visitation rights
In a recent court hearing, a motion to increase visitation rights for a father, Mr. Ray, was discussed amid ongoing disputes regarding child custody and parental responsibilities. The case, which centers on the establishment of paternity and visitation arrangements, revealed significant tensions between the parents, Mr. Ray and Ms. Wheatley.

The court heard that Mr. Ray has faced repeated denials of visitation by Ms. Wheatley, despite an agreed order from April 23, 2024, which stipulated that both parents would cooperate to facilitate additional visitation time. Mr. Ray's attorney argued that he has been limited to every other weekend with his child, a stark contrast to the previously shared 50/50 custody arrangement prior to the filing of the paternity petition.

Key points raised included allegations of Ms. Wheatley withholding visitation during scheduled exchanges, notably an incident on April 19, 2024, where a police officer, Aiden Hollis, was called to mediate a heated exchange between the parents. Officer Hollis testified that Ms. Wheatley expressed feeling harassed when Mr. Ray's mother recorded the interaction, which led to her refusal to allow the child to be taken by Mr. Ray.

The court also examined Mr. Ray's past drug use, which had been a point of contention. While he tested positive for THC in the past, he has since passed subsequent drug tests, and his attorney argued that drug use should no longer be a concern in determining visitation rights.

Ms. Wheatley's attorney countered that she has been the primary caregiver and has provided a stable environment for the child, asserting that Mr. Ray's claims of being denied visitation are exaggerated. The attorney emphasized that Ms. Wheatley has been financially responsible for the child and has not unreasonably withheld visitation.

The hearing highlighted the complexities of co-parenting amid allegations of harassment and substance use, with both parties presenting conflicting narratives about their parenting capabilities and the appropriateness of visitation arrangements. The court is expected to deliberate on the motion for increased visitation and the establishment of a more structured parenting plan in the coming weeks.

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