Grandparents' Rights Attorney in Franklin, Tennessee

In many families across Tennessee and the United States, grandparents offer a safe haven for their grandchildren. For several grandparents, raising their grandkids is a source of joy. In addition to offering them a home, it also gives grandparents another opportunity to act as a parent. However, in the event of legal separation, divorce, abuse, neglect, or the death of a parent, the grandparents may need clarification regarding their child custody or visitation rights.

At Middle Tennessee Family Law, we have the diligence and expertise to inform and guide individuals and families in the legal matters of grandparents' rights. Our qualified Tennessee family law attorney can discuss your personal situation and educate you about your available legal options. Whether you are seeking custody of your grandchildren or want to establish a visitation schedule, our loyal attorney will advocate for your rights and your family's best interests.

Middle Tennessee Family Law is proud to serve clients in Franklin, Tennessee, and surrounding areas throughout Middle Tennessee, including Murfreesboro and Nashville.

Grandparents' Rights in Tennessee 

Unfortunately, a parent's separation, divorce, or death may change the dynamics of a family. Under certain circumstances, grandparents may be able to seek custody or pursue visitation of their grandchild in Tennessee. Thus, allowing the grandparent to be more involved in their grandchild's life and upbringing.

Grandparent Visitation
Laws in Tennessee

In Tennessee, grandparents have a legal right to seek court-ordered visitation of their grandchild. Under Tennessee law – Tennessee Code Section 36-6-306(a) – the court will consider a grandparent's request for visitation if any of the following factors exist:

• One of the child's parents is deceased.

• The child's parents are legally separated, divorced, or were never married to each other.  

• One of the child's parents has been missing for at least six (6) months.

• The court of another state ordered grandparent visitation.

• The child lived with the grandparent for at least 12 months and was recently removed from the home by the parents.

• The child and the grandparent maintained a significant relationship for at least (12) months and severing the relationship will harm the child.

Furthermore, the grandparent seeking visitation must have the burden of proof that at least one of the aforementioned factors existed. Also, to prove actual harm, a grandparent must show that:

• The child had a significant relationship with the grandparent that they would suffer severe emotional harm if the relationship was severed.

• The grandparent acted as the child's primary caregiver for at least six (6) months, and the child will experience severe emotional loss.

• Severing the grandparent-grandchild relationship will expose the child to danger or risk of significant harm.

A proficient attorney can help protect your legal rights and walk you through the process involved in establishing grandparent visitation.

Grandparent Custody
Rights in Tennessee

In Tennessee, grandparents can file a petition seeking custody when:

• The child's parents are deceased.

• The child's parents have divorced.

• The child has been neglected or abused.

• The child was abandoned by the parents.

However, custody may only be granted to the grandparent if the court finds the child's parent unfit or unable to care for them. Therefore, in order to grant custody of a grandchild, the judge will evaluate the following:

• What is in the child's best interests.

• The ability of the grandparent to meet the child's needs.

• Any other factor that demonstrates that the child's parent is unfit.

Alternatively, the grandparent can ask a court for custody by pursuing temporary guardianship or adopting the child. A trained attorney can advise you through the legal processes in an attempt for a successful custody petition.

How Legal Counsel Can Help

Under Tennessee law, grandparents have a legal right to seek child custody or request court-ordered visitation of their grandchildren. However, filing for custody or visitation often involves a lot of complicated procedures. Therefore, when seeking custody or the visitation schedule of your grandkids, consulting with an adept family law attorney is vital for precise guidance.

At Middle Tennessee Family Law, we provide exceptional legal services and help clients through the complexities of child custody and visitation for grandparents. As your legal counsel, we can assess every aspect of your distinctive circumstances and help you understand the different legal options available to you.