Clarksville Grandparents Rights Lawyer
Clarksville Grandparents Rights Attorney
Becoming a grandparent is often an exciting, life-changing moment. Grandparents often spend many hours developing loving and nurturing relationships with their grandchildren. However, it is important to note that grandparents don’t always share the same rights that a child’s biological, legal, or adoptive parents do.
When familial ties break down and a grandparent is barred from spending time with a grandchild, it’s time to speak with a Clarksville grandparents’ rights lawyer.Obtaining visitation and custody rights for grandparents can be an emotional situation, as there has most likely been a severance in the relationship between grandparents and parents.
During this time, the legal team at Mathis, Bates & Klinghard PLLC (MBK Legal) can help you understand what your rights are and work to obtain time with your grandchild.
What Are Grandparents’ Rights in Tennessee?
Parental rights are automatic in Tennessee and are only removed if it’s in the child’s interest. Grandparents do not have these same automatic rights. Grandparents can only gain rights over a child in certain situations.
A court is only likely to consider grandparents’ rights if there is a proven, pre-existing relationship between the grandchild and the grandparent, and the child’s well-being would be positively influenced by continued interactions with the grandparent.
How Grandparents Can Seek Visitation Rights in Clarksville, TN
Unfortunately, sometimes, a parent is unwilling to work with a child’s grandparents to find opportunities for them to spend time together, and a parent’s rights in Tennessee supersede a grandparent’s rights.
This is when seeking legal grandparents’ visitation rights may become necessary. In Clarksville, Tennessee, a grandparent seeking court-ordered visitation must be able to prove that one of six possible situations exists to warrant grandparents’ rights over their grandchild:
- The mother or father of the child in question is deceased.
- The mother and father of the child are not married. They either divorced, became legally separated, or were never married in the first place.
- The mother or father of the child has been missing for no less than six months.
- Another state’s court has ordered grandparent visitation rights.
- The child was living with the grandparents for at least a year but was removed from the home by the parents.
- The child maintained a substantial existing relationship with the grandparent for at least a year, but the relationship was ended by the parents for reasons apart from abuse or danger to the child.
It is also upon the grandparents to show that the child will suffer emotional harm if the grandparent/child relationship is not allowed to continue through visitation.
An experienced Clarksville grandparents’ rights attorney can help grandparents obtain the evidence and documentation necessary to seek a court-ordered visitation.
Seeking Custody
Depending on the situation, grandparents may find it necessary to go beyond just seeking visitation with their grandchild. They may want legal custody. Grandparents are most likely to get custody of grandchildren only if the parents of the child are abusive, neglectful, or unable to care for the child on their own.
In order to obtain custody, the grandparents must file in juvenile court and prove the parent’s neglect of their grandchild. While grandparents’ intentions are often pure, obtaining custody can be a painful battle. You will need to prove in a court of law that your grandchild’s parents have caused irreparable harm to your grandchild either directly or indirectly.
For families where the parents are suffering from substance abuse disorders or financial strains, grandparent custody can be a temporary solution for the sake of the child.
Seeking Adoption
In certain cases, grandparents may choose to adopt their grandchildren outright. This may be when both parents of the child are deceased. If the parents are unable or unwilling to care for their child, they may voluntarily terminate their rights. Adoption is a permanent solution, and the grandparents would have full legal rights over the child.
FAQs
Q: Can Grandparents Sue for Visitation Rights in Tennessee?
A: Yes, grandparents can sue for visitation rights in Tennessee. However, they can only do so in certain circumstances. In order to get visitation rights, grandparents will need to prove that one of several situations is happening.
These situations can range from the death of a parent or a missing parent to a prolonged grandparent-grandchild relationship that shouldn’t be hindered. The court will take into account any objections from the parents and the impact the order will have on the child.
Q: Can a Biological Grandparent Obtain Visitation After a Child Is Put up for Adoption?
A: No, a biological grandparent cannot obtain visitation rights after their grandchild is put up for adoption. The adoption process completely severs any familial connection or legal ties between the child and their previous family, including their grandparents. There may be exceptions if the child was adopted by a step-parent or some other close relative.
Q: Do Grandparents Have the Right to Visit Their Grandchild After a Divorce?
A: Yes, grandparents should have the right to visit their grandchild after a divorce. However, that will depend entirely on the relationship you have with the child’s parents. If there is a failed relationship, you can pursue your grandparents’ rights to try to guarantee you can maintain an ongoing relationship with your grandchild. An experienced grandparents’ rights attorney can help you develop your case for visitation rights. The court can consider multiple factors.
Q: Can a Parent Deny a Grandparent Visitation in Tennessee?
A: Yes, a parent is well within their legal rights to deny a grandparent visitation in Tennessee. The state gives total control over a child’s well-being to their biological or legal parents. If the family is totally intact and the parents are not considered unfit, the court will largely defer to the parents themselves when it comes to making decisions about their child’s wellbeing. There are no guarantees for grandparents’ rights while the family unit is whole and stable.
Reach Out to an Experienced Grandparents’ Rights Lawyer Today
Most grandparents want to build a solid relationship with their grandchildren. However, this can be easier said than done in certain situations. If the child’s home is dangerous, abusive, or neglectful, the grandparents can try and pursue rights to visitation or even custody of that child. An experienced family lawyer can help you fight for those rights.
The legal team at Mathis, Bates & Klinghard PLLC (MBK Legal) knows the kind of legal help you will need to pursue a case like this. We can help you develop your case, gather evidence to prove negligence or abuse if applicable, and keep your grandchild’s interest in mind. Contact us to schedule a consultation today.
