Knoxville, TN asked in Family Law and Child Custody for Tennessee

Q: My granddaughter will turn twelve in 2020 and is living with her mother who slaps her in the mouth when angry.

Food is not available for her on a regular basis and I have had her every weekend since she was three months old. She is wanting to live with me full time, is this a possibility for her?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: It is certainly possible, but VERY difficult to say probable. It is very difficult for a non-parent to prevail over a parent in a custody case. Tennessee courts follow a principle called the "superior rights" doctrine, which as the name implies, states that the parents' right to raise their children as they see fit is superior to third parties. To prevail, you will have to prove convincingly in court the abuse and neglect, most importantly, the child will have to testify. Much more information about the child's circumstances is needed- consult an experienced local family law attorney, do NOT try to represent yourself in this situation.

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