Doesa grandparent have visitation rights for a grandson?

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Doesa grandparent have visitation rights for a grandson?

Do I have the right to have visitation with my grandson; in TN.

Asked on December 21, 2011 under Family Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, if the family is "intact", the court may not interfere and award visitation to the grandparent over the parent'(s) opposition. Otherwise state statute enables grandparents to seek visitation rights with their grandchildren if:

  • the father or mother of an unmarried minor is deceased;
  • the child's father or mother are divorced, legally separated, or were never married to each other;
  • the child's father or mother has been missing for not less than 6 months;
  • the court of another state has ordered grandparent visitation;
  • the child resided in the home of the grandparent for a period of 12 months or more and was subsequently removed from the home by the parent(s); or
  • the child and the grandparents maintained a "significant existing relationship" for a period of 12 months or more immediately priot to severing the relationship, the relationship was severed by the parent(s) for reasons other than abuse or their posing a danger to the child, and ending this relationship is likely to cause "severe emotional harm" to the child.

This can all get rather complicated. You should consult directly with an attorney who specializes in child custody cases. They can best advise you further as to your potential rights and/or remedies.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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