Can Grandparents Get Visitation in Knoxville?

When a marriage ends, it impacts not just the couple but also the children and grandparents. In many situations, visitation for grandparents can be a very good thing, supporting the health and wellbeing of the child. However, there are limitations on when this can be imposed and whether or not it will be by the court.

If you are a grandparent who wants to seek visitation for your grandchild or a parent who wants to make this a component of your divorce agreement, a Knoxville child custody attorney can offer guidance.

Does the law require grandparents to have visitation rights?

The first factor to consider is the legal precedent for grandparents having visitation rights. Under Tennessee laws, only the following people are considered a true grandparent of the child:

• The grandparent is biologically the child’s grandparent.
• The grandparent is the biological grandparent’s spouse.
• The grandparent is the parent of the child’s adoptive parent.

In these situations, you may be able to seek visitation for a grandchild. However, if the custodial parent does not want you to see the child or other factors contribute to the situation being effective, this may have to be done through the courts.

In most situations, we encourage there to be conversation and decisions made based on what is best for the child. Keep in mind that what you believe is the best for that child and what the court believes may be two very different things.

Understanding Tennessee’s grandparents visitation statute

Not all states allow grandparents to take actions to request or require visitation with their grandchildren. In Tennessee, the Grandparents Visitation Statute is one of the most helpful tools in this situation. It enables the court to review your petition for visitation rights if you meet one of the above standards of being a grandparent.

Remember, it is critical to know that the court will only consider this if it is in the best interest of the child from the court’s objective. In that situation, there are other factors the court will consider before granting permission. First, the court will review the petition in several situations:

• The unmarried minor child’s parent is deceased.
• The child’s parents have been missing for at least six months.
• The child lived with the grandparent (that must have been for at least 12 months) before the child was removed from the home by the biological parent.
• The child’s parents are not married, are divorced, or are separated.

If none of these conditions apply, obtaining court-ordered visitation becomes significantly more challenging.

Determining the best interest of the child

When reviewing a petition for visitation, the court will assess various factors to determine the child’s best interests, including:

• The mutual, positive bond between the grandparent and child.
• Whether denying visitation would be detrimental or cause substantial harm to the child.
• The child’s own feelings about maintaining a relationship with their grandparent, if they are old enough to express an opinion.

The court will consider all factors in this situation. If the court does not believe there is any harm likely to come to the child if the parents divorce or separate and there is no longer communication between grandparent and child, it will not likely rule on the matter. In this situation, it may be up to the parents to come to an agreement.

How a family law attorney in Knoxville can help you

Our divorce attorneys in Knoxville work with people on all sides of this process. That includes the grandparent as well as the child’s parents, who may or may not want to allow visitation. When you meet with our attorney, we will discuss your case with you at length, pursuing full and fair insight into what all of your legal options are. With this information we can help you determine what the next steps are to protect your child.

There are many factors to consider, including statements from all parties and the child’s specific needs and desires. Because this is such a heated situation, we strongly urge you to speak to a family law attorney before approaching anyone else about these decisions. You do not want the child to become a weapon in a difficult situation like this.

At LaFevor & Slaughter, we are passionate about fighting for our clients and their best outcomes, no matter how challenging it may seem right now. If you are a grandparent or a parent who wants to learn more about grandparent visitation rights in Knoxville, contact our team now to discuss your case. When you do, you will learn what your legal rights are and what legal steps we can take to move your case forward. Call LaFevor & Slaughter or submit our contact form now to discuss your case with a family law attorney in Knoxville.