Grandparent's Rights Lawyer Franklin, TN & Columbia, TN

Attorney Protecting Grandparent's Rights in Williamson and Maury County, Tennessee

Tennessee Code Annotated §36-6-306 sets out the law governing the rights of grandparents to visitation in Tennessee.  The relationship that a child has with their grandparent or grandparents can be a very influential relationship that serves a touchstone throughout a grandchild's life.  Many grandparents now days find their children returning home after failed relationships with their kids in tow.  Often times, then, a grandparent serves in a more traditional parental role by being a caregiver to the grandchildren including providing financial assistance, transportation,  help with school work and many other day to day needs of children.  A grandparent may then find that suddenly, when the parent enters into a new relationship, that close bond with the grandchild is threatened when the parent then moves out and sometimes withholds visitation with the grandchild.  In Tennessee a grandparent that has resided with their grandchild or grandchildren for a period of twelve (12) months or more, is presumed to be entitled to visitation as it is assumed in the law that the severance of this relationship would cause substantial harm to the child. Even if the child has only resided with the grandparent for a  period of six (6) months, the grandparent can receive visitation if it can be shown there is a "significant relationship." Misty D. Parks is an aggressive attorney skilled and experienced in defending the rights of grandparents to have regular visitation with their grandchildren.  For a free initial consultation you may contact Misty D. Parks at (615) 255-9155 or you may Click Here to leave a message through this website that will be promptly returned.

Even if the grandchild has never resided in the same household as their grandparent, a grandparent may be able to seek visitation through the court system.  If one parent of a child has passed away, that parent's parents may seek visitation and there is a presumption that lack of visitation between the child and the grandparents would result in substantial harm to the child, therefore, necessitating visitation.  This is based largely on the belief that it is important for the child to know where they come from and to maintain a relationship with both sides of their family.  Additionally, a grandparent that has maintained a "significant relationship" with their grandchild for twelve (12) consecutive months preceding the ending of that relationship by one parent, may successfully seek visitation if it can be shown that the child would suffer substantial emotional harm by the sudden absence of the grandparent. 

There is always a two pronged discussion when it comes to grandparent visitation with their grand kids:

• Substantial Harm to the Child by the loss of the relationship; and
• Best Interests of the Child

Substantial Harm to the Child can be shown in three (3) ways:

1. The child had such a significant existing relationship with the grandparent that loss of the relationship is likely to occasion severe emotional harm to the child;
2. The grandparent functioned as a primary caregiver such that cessation of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or
3. The child had a significant existing relationship with the grandparent and loss of the relationship presents the danger of other direct and substantial harm to the child.

 Misty D. Parks, of Milazo Law, P.C., can help to advise you of your rights and guide you through the court process of protecting your relationship with your grandchild(ren) while fighting for your and your grandchild's best interests.  You may contact Misty D. Parks to discuss your concerns at (615) 255-9155 or you may Click Here to leave a message through this website that will be promptly returned.

In certain circumstances a grandparent may be concerned for the safety and welfare of their grandchild.  This may include when one or both parents suffer from drug or alcohol abuse, domestic abuse in the home, neglect, etc.  In this situation, you may feel torn between protecting your child and protecting your grandchildren.  Should a situation or environment for your grandchild devolve, it may be necessary for you to take action to temporarily seek custody of your grandchild, this is referred to as Dependency and Neglect.  In these proceedings, in contrast to seeking visitation, you would be seeking temporary physical custody of the child, so that the parents may take the opportunity to pull their lives together and rehabilitate themselves to become a parent that is able to adequately take care of their child.  Should you feel that your grandchild or grandchildren are in a situation of abuse or neglect you should contact the Department of Children's Services at 1-877-237-0004 to anonymously report your concerns.  Misty D. Parks has helped many others, and can help you as well, to file the appropriate Petition in the Juvenile Court and have Emergency Temporary Orders issued giving you immediate physical custody of a child in danger.  You may contact Misty D. Parks at (615) 255-9155 to discuss protecting your grandchild or you may Click Here to send a contact request that will be returned promptly.