How Can a Grandparent Gain Visitation Rights?

It is unfortunate when the relationship between your grandchild’s parents breaks down and results in a divorce or legal separation. What’s worse is if one of your grandchild’s parents tragically passes away. In any of the events, the relationship between you and your grandchild may significantly shift, even more so if their custodial parent is unwilling to give you access to them anymore. If this is your current struggle, please read on to discover how you can obtain visitation rights and how one of the seasoned Clarksville child custody lawyers at Fendley and Birch can help you pursue this legal avenue.

How can a grandparent gain legal rights to visitation in Tennessee?

You should note that the Tennessee family court does not grant an automatic order for grandparent visitation in divorce proceedings. Rather, this is a legal right that a grandparent may have to pursue independently. First, before taking the matter to court, you may attempt to negotiate a visitation schedule with your grandchild’s parents. Through these mediation proceedings, you may successfully reach an agreement that can be presented to the court. And if legally sound, the court may make this visitation schedule an official order.

If one or both parents are unwilling to compromise, though, you may have to go to the court directly with a petition for visitation rights. With this petition, you must have sufficient proof that maintaining a relationship with your grandchild will work in their best interests. Further, you must demonstrate that a denial would otherwise cause substantial harm to your children’s emotional and psychological well-being.

What factors does the Tennessee court consider for grandparent visitation?

First of all, you must understand that the Tennessee family court may only consider your petition for visitation rights if you have a valid “standing” to file such a request. This means that your grandchild’s parents are divorced, deceased, or missing; their parents were never married, but they are living with one of them; they lived with you for 12 months or longer; they had a significant existing relationship with you. From here, the court may consider the following factors before making a final ruling:

• Your good faith in requesting visitation, your mental capacity to handle visitation, etc.
• Your history of physical abuse, emotional neglect, alcohol or drug addiction, etc.
• The length and emotional quality of your and your grandchild’s existing relationship.
• The effect your visitation might have on your grandchild’s relationship with one or both parents.
• Your grandchild’s preference to have frequent visits with you, if they are of a mature age.
• Your grandchild’s parents’ reasons for initially denying visitation, if they are parentally fit.

If you are still hesitant about taking the monumental step of pursuing legal action, consult with one of the competent Clarksville family lawyers from Fendley and Birch to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.