Family dynamics can be complicated, especially when kids are involved. Many times, grandparents play a huge role in their grandchildren’s lives. They might watch them after school, take them to church on Sundays, or help provide financial support. So, when something disrupts that bond, you may wonder: Can grandparents get custody or visitation in Tennessee?
Like most legal issues, this depends on the situation. Tennessee law sets some very specific rules around when and how those rights apply. Here is what you need to know.
Are There Grandparent Visitation Rights?
Grandparents do not automatically have the right to visit their grandchildren whenever they want. The parents get to decide who spends time with their kids. They have a fundamental right to raise their children as they see fit.
However, the courts do recognize that cutting off a grandparent-grandchild relationship can harm the child. In these cases, a court may grant visitation to a grandparent if certain conditions are met, such as:
- Parental objection or denial: If a parent is denying or severely limiting a grandparent’s time with the child.
- Family changes: If the parents are divorced, separated, or one of them has passed away.
- Living arrangements: If the child previously lived with the grandparent for at least a year.
If one of these conditions is met, visitation is still not automatic. The grandparent must show that cutting off the relationship could harm the child in some way, such as emotional harm, disruption of stability, or loss of a meaningful bond.
What Do the Courts Consider in These Cases?
When a grandparent files for visitation, the court looks at the bigger picture. Some factors include:
- The existing relationship between grandparent and child.
- How much time they have spent together.
- Whether maintaining contact is in the child’s best interests.
- The preferences of the child, depending on their age and maturity.
- Any history of abuse, neglect, or substance issues.
Tennessee courts make decisions that are focused on the well-being of the child.
What About Grandparent Custody?
Visitation is one aspect, but custody is another level. Custody means the grandparent is taking on full legal responsibility for raising the child.
Courts in Tennessee are not always willing to take custody away from parents except in extreme cases. A parent’s right to raise their child is protected. For a grandparent to gain custody, there needs to be proof that the parents are unfit or unable to care for the child. These scenarios might include:
- Evidence of abuse or neglect
- Drug or alcohol problems
- Abandonment
- Serious mental health struggles that make parenting unsafe
If the court decides that living with a parent would put the child at risk, custody could be awarded to a grandparent. Sometimes, this may be temporary until the parent gets back on their feet. However, for others, it could be more permanent.
Whether it is custody or visitation, these decisions are always made in the child’s best interests. This arrangement must serve the child’s physical safety, emotional stability, and overall happiness.
What Grandparents Should Know Before Filing
If you are considering going to court for custody or visitation, here are a few points to keep in mind:
- Be prepared for a legal process: These cases can be emotionally draining and legally complicated. You will want to work with an experienced family law attorney in Tennessee.
- Document the relationship: Keep track of time spent with your grandchild, the role you have played in their daily life, and why continued contact is important for them.
- Stay focused on the child: Remember that courts are not interested in family drama; they want to know what benefits or harms the child.
- Consider alternatives: Mediation or family counseling may help resolve conflicts without going through a full legal battle.
Get the Legal Help You Need for Visitation and Custody Cases
Can grandparents get custody or visitation in Tennessee? Yes, but the process is never automatic, and you will have to prove that these arrangements are in the best interests of the child. The law tries to balance between protecting parents’ constitutional rights and making sure children don’t lose these vital relationships.
If you’re a grandparent worried about losing time with your grandchild, you do have options. Easter & DeVore, Attorneys at Law, is here to help. We will guide you through your legal options with compassion and experience. Contact us today to schedule a consultation.
