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 9 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.


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