Tennessee Grandparent Visitation Rights Discussed

Child custody rights in Tennessee address the needs of grandparents seeking visitation with their grandchildren in the event of a divorce. The statutes outlined by the Tennessee legislature should be familiar to most Collierville child custody attorneys, who can review the law’s specifications with you and explain how it applies to your family’s situation.

Visitation Rights for Grandparents

A divorce can divide a family, causing previous relationships to be strained and difficult to handle. Often times, opposing parents and grandparents may find themselves in a tug-of-war over the children. In cases like these, a Tennessee family law judge may be called upon to rule when the grandparents may spend time with their grandchildren.

Taking the Decision to Court

In contentious relationships between a parent and grandparent, a Tennessee court may be asked to rule on visitation and child custody rights. If negotiations between the two parties are unsuccessful, grandparents may seek to go to trial if: 

• there was a significant relationship between the child and the grandparent for at least one year;
• the child lived with the grandparent for at least one year;
• one or both of the child’s parents is deceased, divorced, legally separated, never married, or missing for at least six months; or
• another state’s court has ruled for visitation.

An important decision a family law judge will have to make is whether the child and the grandparent had a significant relationship. Under Tennessee law, a relationship is considered significant if: 

• the grandparent visited the child frequently for at least one year;
• the child lived with their grandparent for a minimum of six consecutive months; or
• the grandparent was the child’s full-time caretaker for at least six months.

Substantial Harm to Child

A determining factor on whether children should see their grandparents involves substantial harm. If brought to a court, the judge will have to determine whether or not visiting with the grandparents will cause substantial harm to the child.

The law lists two factors to help make this judgment. 

• Was a significant relationship established between the child and grandparent and will the loss of that relationship cause severe emotional harm to the child?
• Was the grandparent the child’s primary caretaker and will ending this relationship interrupt the child’s daily needs, causing physical or emotional harm to the child?

When you need help with the visitation legal process as a grandparent or parent, contact the Miles Mason Family Law Group.

Collierville Child Custody Attorney for Grandparent Visitation

As a grandparent, you have a love for your grandchildren that no one else has for them. You want to share that love with them, but it’s not always easy to do so after a divorce. At the Miles Mason Family Law Group, we understand the devastation you have over the possibility of not being involved in your grandchildren’s life. We want to help you bring your grandchildren back into your life, and you back in their lives. Let’s get together today to discuss your individualized situation, so we can decide if you have a case, and how we can present your side to the court. Give us a call today at 901-683-1850.

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For more, see Tennessee Grandparent Visitation Rights Law. For updates, analysis, and case law summaries, see the Grandparents’ Visitation Rights category on our Tennessee Family Law Blog.