Seasoned Nashville Family Lawyer Fights for Grandparents’ Rights
The ABCs of grandparents’ rights in Tennessee family law
You may have heard that grandparents have no rights. That is not necessarily true. If a parent will not let you visit the child, then in certain circumstances you have legal rights and can petition the court for visitation. This also applies in the case of an adopted grandchild. If you are a concerned, loving grandparent and you want to understand your legal rights under Tennessee family law, call Thomas H. Miller, Attorney at Law.
When grandparents get a court hearing to evaluate custody rights
Grandparents’ rights laws are complex and evolving in Tennessee. When grandparents seek custody or visitation rights, a court usually grants a hearing to determine the best course of action for the child. If your situation involves any of the following, it is worthwhile to contact a qualified Nashville family law attorney to discuss setting up a court hearing:
- The father or mother of your grandchild is deceased
- The biological parents are divorced, separated or were never married
- One of the child’s parents has been missing for at least six months
- Your grandchild lived with you for at least one year
- One of your grandchild’s parents severs relations with you, and you believe this severance is likely to cause substantial emotional harm to the child
Grandparents may also be able to get visitation if the child is in foster care.
Restoring your relationship with your grandchild
The first thing a court considers in a grandparent’s petition for visitation is whether ending the grandparent-grandchild relationship is likely to cause substantial emotional harm to the child. Next, the court determines whether the grandparent was the child’s primary caregiver. The court then considers whether termination of the significant existing relationship causes severe emotional harm or direct and substantial harm. Expert witnesses are not required; however, it is advisable to have competent legal counsel at your side to make sure you get what you deserve.
Call Thomas H. Miller, Attorney at Law today for your free initial consultation
If you have a grandparents’ rights question, call today for your free initial consultation at 615.208.9851 or contact me online. I offer flexible office hours and I am pleased to return calls after hours for your convenience. I serve clients throughout Nashville and in the surrounding counties of Rutherford, Wilson, Sumner, Montgomery, Dickson, Maury, Cheatham, Hickman, Robertson and Williamson.