Grandparent Custody Rights in Tennessee
Tennessee law recognizes that grandparents can play an important role in a child’s life, but gaining custody isn’t automatic. In some cases, grandparents may be granted custody or visitation rights, but certain conditions must be met.
Tennessee law allows grandparents to seek custody or visitation if certain conditions are met, including:
- Parental neglect or abandonment
- A parent’s inability to provide a stable home
- The grandparent has acted as the primary caregiver for an extended period
These cases typically involve either fit and appropriate biological parents who have previously permitted contact with grandparents resulting in a substantial relationship with a child forming, but who have now denied those grandparents any contact or biological parents who are unfit to care for a child.
In the first sort of cases, grandparents will generally be seeking limited, but regular visitation, and in the second sort of cases, grandparents will typically receive custody on some sort of temporary basis until one or both of the parents remedies the conditions which led to the child’s removal. Our attorneys can evaluate your situation and help you understand your legal standing to file for custody or visitation of your grandchildren.
Filing for Custody as a Grandparent in TN
If you meet Tennessee’s requirements for filing for custody, the next step is to build your case. Grandparents can pursue custody when it’s in the child’s best interest. Situations that might warrant filing for custody include:
- The child living with the grandparent for an extended period
- Evidence of abuse, neglect, or instability in the parents’ home
- The parents are unfit or unable to care for the child
At Haines Family Law, we understand how to navigate these complex situations and will guide you through every step of the legal process to ensure you have the best chance of success.
The Best Interests of Your Grandchild
When deciding custody cases, Tennessee courts prioritize the “best interests of the child.” This means that the court will consider several factors, such as:
- The emotional ties between the child and the grandparent
- The child’s physical and mental health
- The stability of the grandparent’s home environment
- The grandparent’s ability to meet the child’s needs
Haines Family Law will work closely with you to demonstrate that granting custody to you is in your grandchild’s best interest.
Factors Considered in Grandparent Custody Cases
In addition to the child’s best interest, Tennessee courts may also consider:
- The child’s preference, depending on their age and maturity
- The willingness of the grandparent to encourage a relationship with the parents
- Any history of domestic violence or substance abuse
Our experienced family law attorneys can help you gather evidence to strengthen your case and navigate the court’s considerations.
Grandparents’ Rights for Visitation in Tennessee
Even if grandparents do not have grounds for custody, they may still be entitled to visitation.
Tennessee law allows grandparents to petition for visitation under certain circumstances, such as:
- One of the child’s parents is deceased
- The child has lived with the grandparent for 12 months or longer
- The parents are divorced, or one parent is incarcerated
- The child’s parent has denied visitation without good cause
If these circumstances apply, our team can help you petition the court for visitation rights and ensure your voice is heard.
How to Petition for Grandparent Visitation
In Tennessee, grandparents seeking visitation must prove that maintaining contact with their grandchild is in the child’s best interest and that cutting off this relationship could harm the child’s well-being. The process involves filing a petition in family court, outlining the relationship, and demonstrating that continued contact is necessary.
Grandparents must show that the bond with the child benefits the child and that denying visitation would cause significant harm, such as emotional distress or developmental issues. Courts carefully consider these factors before making a decision.
At Haines Family Law, we assist grandparents in building a strong case by gathering the necessary documentation, preparing witnesses, and representing you in court. We aim to ensure that your rights are fully advocated for and that your grandchild’s best interests are clearly demonstrated.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation.
FAQs Grandparent Custody in Tennessee
Can grandparents get temporary custody of a grandchild?
Yes, grandparents can seek temporary custody if there is an emergency or immediate danger to the child’s safety. The court can award temporary custody until a permanent arrangement is decided.
Can grandparents seek joint custody with a parent?
This arrangement is incredibly rare and generally involves parents who have been involved with the Department of Children’s Services. It would allow them to share caregiving responsibilities with one or both parents.
Can a grandparent lose custody if the parents improve their situation?
Yes, if the court finds that the parents have addressed the issues that made them unfit, they can regain custody of their child. The court’s goal is to reunite families when possible.
Can grandparents seek custody if the parents are dealing with addiction?
Grandparents can seek custody if they can demonstrate that the parents’ substance abuse is endangering the child’s safety or well-being. The court will consider whether the grandparents can provide a stable environment.
Can grandparents get financial support for the child if they are granted custody?
Yes, grandparents may be eligible for financial support, such as child support from the parents or state assistance programs to help cover the cost of caring for the child.
Haines Family Law Fights for the Rights of Grandparents
At Haines Family Law, we’ve seen firsthand how important grandparents can be in a child’s life. We’re dedicated to protecting your rights and ensuring your grandchild is placed in a safe, stable environment.
Call Haines Family Law today at 865-391-8174 or contact us online to schedule a free 20-minute consultation.
