Have you lost contact with your grandchild? You are probably heartbroken and wondering what went wrong. Life changes, such as separation, divorce, or even the death of one parent, can turn everything upside down. These changes can make it hard for you to see your grandchild. A Franklin grandparent’s rights lawyer can help you figure out where you stand legally.
In Franklin, Tennessee, grandparents do have rights. You do not have to sit back and watch your relationship with your grandchild disappear. You can hire a good grandparent’s rights lawyer to help you seek visitation or even custody. Your lawyer will show that your presence in your grandchild’s life is essential.
If you are feeling lost or overwhelmed, do not hesitate to contact the family law attorneys Durak Law. We know you want to be there for your grandchild when they need you most. We can help protect your relationship with your grandchild. We provide legal guidance tailored to your specific situation. We are ready to help you navigate the complexities of grandparent’s custody rights in Franklin, TN.
Contact us today at (615) 812-2829 to schedule a free initial consultation with our Franklin grandparent’s rights lawyer.
Introduction to Grandparent’s Rights in Tennessee
If you are a grandparent, there is nothing like the bond you share with your grandchildren. You might have baked cookies together, gone on little adventures, or even shared stories from your past. These memories are priceless. However, these cherished relationships can get interrupted by forces outside of your control.
Fortunately, Tennessee family law allows grandparents to see their grandchildren on a set schedule. Grandparents can also obtain custody if there is a reason a child cannot remain with a parent. Therefore, you can still maintain that connection with your grandchildren.
However, navigating those rights can be challenging. It is not always an easy process. You will have to know the ins and outs of the law. Are you being denied time with your grandchild in Franklin? If so, you need to hire a Franklin grandparent’s rights lawyer to help you understand when and how you can assert your rights.
When Can Grandparents Seek Visitation in Tennessee?
So, when exactly can you seek visitation rights in Tennessee? Remember, you cannot wake up one day and say you want to see your grandchildren. In Tennessee law, you have the legal right to request court-ordered visitation to see your grandchildren.
Here are the conditions in which Tennessee allows grandparents to seek visitation rights:
Death of a Parent
One of the most common reasons is the death of a parent. If you have been a significant part of your grandchild’s life, and your son or daughter has passed away, the court may allow you to maintain that connection with your grandchild. The court will not want the child to lose both a parent and a grandparent. Why? It will be too much for a child to handle.
Divorce or Legal Separation of the Child’s Parents
Divorce or legal separation is another common situation. If the parents decide to separate or divorce, grandparents will face obstacles in maintaining relationships with their grandchildren. Your time with your grandchildren will suddenly become limited. You will still need to prove that it is in the child’s best interest for you to remain involved.
Parents Denying or Limiting Visitation
Unfortunately, parents may start denying or limiting visitations after you have already built a good relationship with your grandchild. For example, if there has been a falling out, the parents may keep the children away from you. So, you will need to show that your ongoing involvement would benefit the child.
Understanding Custody Rights for Grandparents in Tennessee
Tennessee law sets a high bar for grandparents looking to take on custody of their grandchildren. That is why you cannot just say the parents are struggling. You will need to provide clear evidence that the parents are not fit, absent, or unable to provide proper care.
If, for example, your grandchild’s parents are struggling with substance abuse, you may want to step in and protect that child. However, stepping in legally is a challenge. Why? Because the court requires solid proof that the parents’ behavior puts the child at serious risk.
You will, therefore, meet a heavy burden of proof. You must prove your case clearly and convincingly. How? You have to show the court that the parents cannot adequately care for the child. And you have to show that your stepping is in the best interest of the child.
A Franklin grandparent’s rights lawyer has the knowledge of the Tennessee laws and has the experience to protect your rights as a grandparent.
Factors Tennessee Courts Consider in Grandparent Visitation and Custody Cases
The focus is always on the child’s best interest in both grandparent visitation and custody cases in Tennessee. That is why the best of the child will guide the court’s every move. However, how does the court determine the best interest of the child?
Here are the factors they consider:
The Child’s Emotional Needs and Stability
The courts will look at the emotional needs and stability of the child. If you have been a steady, loving presence in your grandchild’s life, that stability is huge. For instance, if you are always there for bedtime stories and school recitals, your absence might shake your grandchild’s world.
Length and Quality of the Grandparent-Grandchild Relationship
The courts will also consider the length and quality of your relationship with the grandchild. If you have always been part of your grandchild’s everyday life, that bond matters. However, if you have not always been there for your grandchild, the court may not see the need for regular visitation.
Impact of Visitation or Custody on the Child’s Wellbeing
The courts will consider the potential harm to the child if visitation is denied. For example, if your relationship with your grandchild has been a consistent, positive influence, and suddenly that is yanked away, the child may suffer emotionally.
Family Dynamics and Parental Rights
The courts will also consider family dynamics. If granting your visitation or custody will lead to more conflict between you and the child’s parents, the court will hesitate. Why? The court does not want to pull the child into a family feud.
Your best bet is to schedule a consultation with a Franklin grandparent’s rights lawyer to discuss your individual circumstances to find out more about what to expect.
How to File for Grandparent Visitation or Custody in Tennessee
Filing for visitation or custody is not something you can do without proper preparation. It is a legal process. That is why you need to approach it with the right mindset and the help of a Franklin grandparent’s rights lawyer.
Here is where you can start:
Filing a Petition in Tennessee Family Court
The first step is to file a petition in Tennessee family court. This is your formal request for visitation or custody.
Gather Evidence
The second step is to gather evidence. Filing a petition is not enough on its own. You need to gather evidence to support your petition. The evidence can include letters, photos, and even testimonies from people who can back up your claims. A Franklin grandparent’s rights lawyer can help to do this.
Work with an Attorney
Another thing you need to do is to hire Franklin’s grandparent’s rights lawyer. Your lawyer will help you navigate the complex family law procedures. Your lawyer will also help you understand the steps and make sure you comply with state-specific requirements.
Overcoming Challenges in Grandparent’s Rights Cases
Grandparent’s rights cases usually come with their challenges. You will, therefore, need to know these challenges.
Here are the common challenges you could face:
Parental Opposition to Visitation or Custody
One of the biggest challenges is parental opposition. If you have been a loving and involved grandparent, the parents may decide to push you away. They could argue your involvement is not necessary. For example, if your relationship with your grandchild’s parent is strained, it can make the legal battle harder.
Proving the Importance of the Grandparent-Grandchild Relationship
You could face the challenge of proving the importance of your relationship with your grandchild. The court does not care about your feelings. They only care about facts. You will need to provide evidence that shows that being in your grandchild’s life is in the best interest of the child.
Mediation and Alternative Dispute Resolution for Grandparent’s Rights
You could use mediation to resolve visitation or custody disputes without going to court. You will resolve the disputes without the emotional and financial strain of a courtroom battle. It is usually less formal.
However, it can lead to a resolution that keeps the relationship intact and avoids lengthy legal battles. A Franklin grandparent’s rights lawyer will help you reach agreements on visitation or custody.
Why You Need an Experienced Franklin Grandparent’s Rights Lawyer
Tennessee family law can be complicated, and the stakes are very high. So, having strong legal representation in your grandparent’s rights case can help you understand your rights, guide you through the legal process, and increase your chances of getting a positive outcome.
Also, the Franklin grandparent’s rights lawyer will fight for your rights and advocate for your grandchild’s best interest.
Contact the Franklin Grandparent’s Rights Lawyers at Durak Law to Handle Your Case
Fighting for your relationship with your grandchild can feel overwhelming. And legal hurdles and family tensions can create roadblocks. However, fighting for your grandchild’s well-being is well worth it. You have to do everything in your power to protect and preserve your relationship with your grandchild.
Remember, you do not have to go through this alone. A lot of grandparents face so many challenges. You are probably facing these same challenges, too. Hiring an experienced Franklin grandparent’s rights lawyer can help you navigate the process and overcome these challenges. They know the ropes. So, they can guide you through the complexities of these cases and help you focus on what is most important.
At Durak Law, we can guide you through each step and help you overcome challenges. We are there to fight for your rights and ensure your grandchild’s best interests are front and center. We can help you navigate through Tennessee’s family court system and advocate for your desired outcome regarding visitation rights.
Get in touch with us today at (615) 812-2829 to speak with our Franklin grandparent’s rights lawyer.
