Having the opportunity to spend time with your grandchildren is a gift. Unfortunately, some situations, such as divorce, can make it challenging. If you’re a grandparent in Tennessee and told you’re no longer allowed to see your grandkids, it’s essential to know that in most cases, you do have visitation rights. Although an attorney can clarify the extent to which this is possible based on your specific circumstances, here are some basics you should know. 

A Grandparent’s Guide to Visitation Rights in Tennessee

Comparison to Parental Rights

As it is in most states, parental rights take precedence in Tennessee. Unless they’ve proven wholly unfit, if a child’s parents are married, they can insist on preventing a grandparent’s involvement without involving a judge.

Furthermore, even if the parents are divorced, if either has hired an attorney and taken legal action against the grandparents, the courts will generally favor the parent. However, there are circumstances where visitation is possible.

For the Child’s Benefit

If a grandparent needs to fight for their visitation rights, the primary focus will be on proving their presence is beneficial to the child’s well-being. The grandparent’s attorney will need to prove that terminating the relationship between the child and the grandparent can cause emotional damage to the child. Alternatively, they could make the case that the loss of the relationship can put the child in danger.

Additional Requirements

Under most circumstances, to even obtain a hearing on the grandparent’s visitation rights, at least one of the following conditions regarding the child’s parent or parents must also be present:

• Unmarried Parents: If the parents were never married, currently separated, or divorced, the case can proceed.
• Absence or Death: Another possibility for a hearing is if one parent has died or has been missing for at least half a year. 
• Out-of-State Court Order: If a grandparent has already obtained legal visitation rights from another state, the courts of Tennessee must honor that.
• Residence at Grandparents’ House: If a grandparent has sheltered the child in their own home for at least a year, it reveals a significant level of care that is worth maintaining. 

As long as one of these factors is present, an attorney can move forward with their case. 

Regarding Custody

In extreme circumstances, the previously mentioned guidelines can also be used to petition the courts for custody. However, once again, it must be noted that parental rights are prioritized. As long as at least one parent proves they are reasonably fit to care for their child, they will likely retain custody. 

If issues are preventing you from seeing your grandchildren and you need an attorney, contact Patton & Hyder PLLC. Based in Crossville, TN, these lawyers are known throughout the Upper Cumberland area for their dedication and advocacy for grandparents’ rights. Learn more about this on their website and call (931) 787-1333 to schedule a consultation today.