Spring Hill, TN asked in Family Law for Tennessee

Q: Is there a such thing as grandparents rights in TN? If so are they possible to gain if the father isn't on the BC?

My child's grandparents on his fathers side are threatening to take me to court for grandparents rights. We were never married and the father has nothing to do with our son he is also a threat considering he's threatend us with a firearm. The grandparents aren't very fit to care for a child overnight as well. They eventually hope to remove him from my care.

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Tennessee law does recognize grandparents visits, under limited circumstances. `Your question doesn't provide enough information to allow an accurate response. Since you have internet access ( to submit this question) consider doing some research: for example try googling the term " grandparent rights TN law"

Karen Wyle
Karen Wyle
Answered

A: First, let me make clear that I am NOT admitted to practice in Tennessee -- and I strongly recommend that you consult not the Internet, but a Tennessee family law attorney, in person, if at all feasible.

That said, it's my understanding that Tennessee does allow grandparents to sue for visitation in some circumstances. A recent Tennessee case indicates that the statute governing the matter is T.C.A. § 36-6-306. Key statutory language includes the following (can't paste it all due to space limitations):

The grandparent gets a hearing if . . .

(2) The child's father or mother are divorced, legally separated, or were never married to each other;

. . .

(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 (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); 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.

(b) (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that:

(A) The child had such a significant existing relationship with the grandparent that loss of the relationship is likely to occasion severe emotional harm to the child;

(B) The grandparent functioned as a primary caregiver such that cessation of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or

(C) The child had a significant existing relationship with the grandparent and loss of the relationship presents the danger of other direct and substantial harm to the child.

(2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:

(A) The child resided with the grandparent for at least six (6) consecutive months;

(B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or

(C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.

The GP needn't present expert testimony.

Previous full-time caretaker status or frequent previous visitation increase the GP's chances.

If this goes to court, you really, really should have a lawyer if humanly possible.

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