What Rights Do Grandparents Have in Tennessee?

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Many people have favorable memories of time spent with their grandparents during their formative years. Grandparents have a vital role to play in families, and when parents pass away, grandparents who are able and willing can be a viable option for taking care of the child. In some cultures, grandparents have been the ones to take over the care of their grandchildren when the parents were unable to do so for many reasons. But in cases of divorce, or in the event of the death of a parent, the rights of the grandparents to have time with their grandchildren can be called into question.

Under Tennessee law, grandparents may petition for the right to visitation with their grandchildren if:

  1. “The father or mother of an unmarried minor child is deceased;
  2. The child’s father or mother are divorced, legally separated, or were never married to each other;
  3. The child’s father or mother has been missing for not less than six (6) months;
  4. The court of another state has ordered grandparent visitation;
  5. The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent or parents…; or
  6. The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance of the relationship, this relationship was severed by the parent or parents for reasons other than abuse or presence of a danger of substantial harm to the child, and severance of this relationship is likely to occasion substantial emotional harm to the child.”

In order to petition for access, you have to be a biological grandparent or married to a biological grandparent. If you adopted your own children, or if your grandchildren are adopted, you may also make a claim for visitation rights. Ultimately, it will come down to whether you meet the above criteria and then whether or not the court believes it is in the best interest of the child to spend time with his or her grandparents.

Are you a grandparent who is pursuing access to your grandchild? The compassionate and diligent Nashville divorce attorneys at Miller Upshaw Family Law, PLLC will represent your interests. You may call 615-391-4200 to schedule an in-person or video consultation or complete our contact form today. We help Tennessee families develop custody and visitation plans that preserve the child’s best interests. We are here to help.