Grandparent Visitation Rights In Tennessee

Grandparent Visitation Rights in Tennessee

The birth of a new child into a family is a blessing. It is often said that the reward for being a parent is having the privilege of eventually becoming a grandparent.

Grandparent-grandchild relationships can be enriching and rewarding, and grandparents can even serve as a stabilizing presence for a child who is experiencing their parents’ separation or going through other challenging periods.

While there are many benefits of becoming a grandparent, the relationship can become complicated when, for whatever reason, the grandparents’ ability to see their grandchildren is restricted.

While you may feel that you deserve to have a relationship with your grandchild, it is important to remember that grandparents’ rights to see their grandchildren are not the same as parents’ rights to their children.

When grandparents find themselves unsure about whether their relationship with their grandchildren can continue, they might seek out advice to determine their legal rights and options.

Do Grandparents Have Rights in Tennessee?

Grandparents do not have any automatic visitation rights in Tennessee. However, the law does provide grandparents with options for pursuing maintained contact with a grandchild, in cases where the relationship with their grandchild is being unfairly restricted.

It is also possible to have contact with a grandchild without the parents’ permission, though individuals must file a petition to obtain legal grandparent visitation rights in Tennessee. Without such rights, parents can keep their children away from their grandparents.

Generally, if a child’s parents are fit parents and married to one another, the court will probably not interfere with their decisions regarding whether their child’s grandparents may visit with the children. In this regard, the court operates under the presumption that such parents are making decisions in their child’s best interest. The best interest of the child, not the best interest of the grandparent, will always be the main concern of the court.

The above concept was demonstrated in the U.S. Supreme Court decision Troxel v. Granville. The 2000 case established that a parent holds a “fundamental liberty interest and constitutional right” to raise their children without government interference — such as the court stepping in and ordering that grandparents be granted visitation rights.

Tennessee law must be consistent with federal law. The Supreme Court decision established a nationally applicable standard that Tennessee law and processes adhere to.

A grandparent may feel that they have their grandchild’s best interest at heart and that they are an important figure who deserves to be in their grandchild’s life, but neither federal nor Tennessee state law recognizes “grandparents” as “parents” under the law. As a non-parent, a grandparent does not have equal rights/veto rights over a child’s fit parent. Generally, the only exception to this rule is when keeping the child from the grandparent creates a danger of substantial harm to the child.

So, who might successfully pursue grandparent visitation rights, and under what circumstances?

Who Can Petition for Grandparents’ Rights in TN

Every grandparent has the right to petition for visitation with their grandchildren.

However, the right to petition does not equate to guaranteed success. The court may grant a grandparent’s request for visitation against the parents’ wishes, but the judicial power to do so is limited.

Generally, if a grandparent can demonstrate a strong relationship with the child, a commitment to the child’s best interests, and proof of potential emotional or physical harm to the child if their relationship were to be suspended, the grandparent can petition for legal visitation rights in Tennessee.

Legally, a grandparent is defined as any of the following:

• A biological grandparent or biological great-grandparent
• The spouse of a biological grandparent or biological great-grandparent
• A parent or grandparent of an adoptive parent

With this in mind, Tennessee law allows for a legal grandparent to petition for grandparent visitation rights if the following specific legal conditions are met:

One parent or both parents:

• Do not allow the grandparent to pursue a relationship with the child; or
• Have dramatically reduced the relationship between a grandparent and their child; and

Any of the following criteria are met:

• One of the child’s parents has passed away
• One of the child’s parents has been missing for 6+ months
• The child’s parents are legally separated or divorced, or were never married
• A grandparent visitation order has been granted to the grandparent in another state
• The child lived with the grandparent for at least 12 months before being removed by the parents or a legal guardian.
• For 12+ months immediately prior to the visitation being severed, the grandparent and grandchild maintained a “significant existing relationship”.

None of the circumstances listed above will be enough to overcome circumstances where a relationship was severed due to substantial harm or abuse to the child at the hands of the grandparent.

Frequently Asked Questions

Navigating the legal process for pursuing grandparent rights in Tennessee is not simple, and even those who meet the specific criteria may have unanswered questions.

Explore our list of FAQs to learn more about Tennessee grandparents’ rights.

Can I Sue My Son for Not Letting Me See My Grandkids? 

Yes, if you meet the legal conditions for petitioning for grandparent visitation rights, you may be able to pursue a hearing or sue your child for withholding visitation rights.

Can Parents Keep Their Children Away From Grandparents?

Yes. Unfortunately, in Tennessee, parents can legally keep their children away from their grandparents. Unless you have filed for and been granted grandparent visitation rights, parents can keep your grandchildren away from you.

What Can I Do if I Can’t See My Grandchildren?

If a parent is preventing you from seeing your grandchildren, seek legal counsel from an experienced family law attorney to find out if you are legally entitled to petition for Tennessee visitation rights.

Do I Need a Lawyer to Get Visitation Rights in Tennessee?

No, you can take your visitation case to court without hiring a lawyer, as you legally have the right to represent yourself in court. However, your case is more likely to be successful if you have the support and guidance of an attorney with specific experience in handling visitation rights.

Contact Fort, Holloway, and Saylor, LLC

At Fort, Holloway, and Saylor, LLC, we have a wealth of experience in family law and know how hard it can be to navigate unfair restrictions on your relationship with your grandchild.

The law’s prioritization of parents’ rights makes it challenging to obtain grandparent visitation rights in TN. However, with the proper support and legal advice, you could be granted the opportunity to nurture a meaningful relationship with your grandchild.

Contact our experienced Franklin child custody lawyers today to discuss your goals concerning grandparents’ rights in Tennessee, child custody or visitation.