The Law Office of Amanda J. Gentry is dedicated to helping grandparents in Nashville and across Middle Tennessee understand and assert their legal rights. Family connections are invaluable, but changes in family dynamics—like divorce or the loss of a parent—can leave grandparents feeling uncertain about their place in a child’s life. Tennessee law recognizes the unique role grandparents can play and offers specific rights in certain circumstances.
Understanding Grandparents’ Rights in Tennessee
Grandparents’ rights in Tennessee are not the same as parental rights, which include inherent authority over a child’s upbringing, care, and custody. Instead, grandparents may petition the court for limited rights like visitation under specific conditions established by state law.
Who Qualifies as a Grandparent?
Tennessee law defines legal grandparents as:
- Biological grandparents
- The spouse of a biological grandparent
- The parent of an adoptive parent
When Can Grandparents Petition for Visitation?
The “Grandparents’ Visitation Statute” outlines situations where grandparents can request visitation rights, including:
- A parent has been unaccounted for a minimum of six months.
- At least one parent has passed away, is divorced, legally separated, or was never in a marital relationship.
- The grandparent maintained a meaningful bond with the child for at least a year, and the parent terminated this connection without reasons related to abuse or endangerment. It must be demonstrated that breaking this bond could emotionally harm the child.
- The child resided with the grandparent for a year or more before being taken back by a parent.
Best Interests of the Child
Tennessee courts prioritize the child’s well-being in all custody and visitation cases. If a grandparent has been a primary caregiver or developed a strong, positive bond with the child, the court may determine that cutting off this relationship could cause harm. Factors considered include:
- The child’s overall health, safety, and emotional well-being
- Whether there is a history of domestic violence or substance abuse
- The level of contact between the grandparent and child before the petition
For children over 14 years old, their preferences may also influence the court’s decision.
Limitations on Grandparents’ Rights
Grandparents’ visitation rights end if the child is adopted by someone outside the family or a stepparent. In such cases, the adoptive parents hold full legal authority over the child’s upbringing, leaving no legal grounds for grandparents to seek visitation.
Protecting Your Rights as a Grandparent
If you’re concerned about maintaining a relationship with your grandchildren in Tennessee, the Law Office of Amanda J. Gentry is here to help. We serve families in Nashville and Middle Tennessee, offering compassionate guidance through complex legal processes. Our team understands the importance of family bonds and works diligently to pursue outcomes that benefit both you and your grandchildren.
Contact us today to learn more about how we can assist you with grandparents’ rights cases in Nashville and across Tennessee.
