Jackson Grandparents’ Rights Lawyers

Personalized legal guidance in support of important family relationships 

Grandparents often play an essential role in a child’s life, but Tennessee law does not automatically give grandparents visitation or custody rights when a family dispute arises. However, there are certain situations where grandparents may ask the court to intervene. At Grant & Sain, PLLC, we help West Tennessee grandparents understand their legal options and re-establish bonds with their grandchildren when Tennessee law allows. We are family-oriented, so we always hope to preserve interpersonal relationships whenever possible with creative, cooperative agreements, but we are always prepared to litigate when necessary.

Grandparents do not have automatic visitation rights In Tennessee

Many grandparents are surprised to learn that simply being a grandparent does not create a legal right to visitation. The law presumes that fit parents have the right to decide who gets to spend time with their children. As a result, the courts cannot order grandparent visitation simply because the relationship may benefit the child. Instead, specific legal requirements must be satisfied before a court will even consider granting visitation. Every case is unique, and the burden of proof rests on the grandparent seeking court intervention.

When Tennessee grandparents may petition for visitation

According to Tenn. Code Ann. § 36-6-306, grandparents may only petition the court for visitation when one or more of these situations applies:

• The child’s parents are divorced, legally separated or were never married.
• One or both parents are deceased.
• A parent has been missing or absent for an extended period (six months or longer).
• The child lived with the grandparent for at least 12 months before being removed from the home by the parents or another custodian.
• The grandparent and child had an established relationship for at least 12 months before contact was severed or dramatically reduced for a reason unrelated to abuse or a substantial danger to the child.

Meeting one of these threshold conditions does not guarantee visitation. It simply allows the court to evaluate whether visitation should be ordered.

Proving a relationship with the child is in the best interests of the child 

The courts do not grant grandparent visitation simply because contact with the grandchild would be beneficial or enjoyable to both. Instead, a grandparent can only obtain visitation rights over the objection of a parent’s or guardian’s wishes when they satisfy a qualifying factor and demonstrate that an order is in the child’s best interests.

Under Tenn. Code Ann. § 36-6-307, the court is free to consider anything deemed relevant, but the following factors are listed:

• The type of relationship the grandparent and child already had and the role the grandparent had in the grandchild’s life
• Whether there is a meaningful emotional bond between the grandparent and grandchild
• The child’s preferences, if they are old enough and mature enough to express them 
• The ability and willingness of the grandparent to encourage a healthy parent-child relationship (except when abuse is a factor) 
• Whether permitting the grandparent visitation would likely damage the child’s relationship with their parent
• Whether the child’s parent is unfit for some reason
• Whether the grandparent is making the request in good faith
• How time-sharing for custody may affect the situation if the child’s parents are divorced or separated
• In cases where a parent is missing or deceased, the grandparent’s relationship to that parent
• Whether the grandparent has been denied visitation for at least 90 days

While an established, loving relationship can weigh strongly in favor of granting visitation, Tennessee courts are less likely to order visitation when the relationship is nonexistent or new. 

Evidence of a strong grandparent-grandchild relationship may include anything that shows the grandparent’s involvement in the child’s care or time spent together, accounts of emotional support provided over the years or periods during which the child lived with the grandparent. A skilled family lawyer at our firm can help you understand what will best support your case.

Discuss your situation with a Tennessee grandparents’ rights lawyer

At Grant & Sain, PLLC, we can advise whether you meet the legal requirements for visitation with your grandchild, and advocate for an appropriate resolution. We are committed to helping you pursue the best possible outcome. Call 731-256-7477 or reach out online to schedule a consultation today.