Legal Question in Family Law in Tennessee

Does a child have the right to fefuse to see a grandparent?

I am a single mother of two daughters ages 3and9.I have full custody and my ex-husband has liberal and reasonable visitation,and supposed to exericise his visits at his parents house.That is in our contract.His mother was constantly telling my 9yr.old negative remarks about me to her.Every weekend she came home crying and she told me she did not want anything to do with her.He is threatening to take me back to court because he no longer lives with his mother,but his girlfriend.My daughters has not spent the night with him in 4mos,her choice, but he sees her whenever he calls me and makes arrangements.Now his parents are harrassing me for visitation and she will not agree,so they are blaming me for this.I want to know what I am really up against on both issues.Do I have to let my daughter around his parents and is my ex-husband in the wrong because he moved out of his mothers house?


Asked on 9/29/98, 9:14 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Visitation issue

This question is a bit incoherent, and if the answer here fails to address everything, simply give me a call at my office, but that said, under Tennessee law, the grandparents have no right to visitation they can enforce against you in court.

In fact you might want to specifically prohibit visitation with the grandparents so long as their disruptive comments/behavior continues, though the father would certainly have authority to allow such contact during the time when he is exerciseing his visitation.

The fact that the Marital Dissolution Agreement (which is what I think you are talking about when you mention the "contract" between you and your ex) says visitation will be at his mother's does not really allow you to deny him visitation. You will need to decide whether you are goign to allow him to see the kids someplace OTHER than his mother's or you will need to allow the kids to go to his mother's and put up with his mother's comments.... OR go back to court to have the court amend the Order regarding visitation.... OR face the prospect of having him take YOU to court for contempt for denying visitation (and he is almost certain to win). Also, don't dismiss this possibility as meaningless, since a court can consider denying visitation as a factor in CHANGING custody.

Most judges would put restrictions on the father regarding having the kids around the new girlfriend.... IF you take the issue back to court, or you and the father could prepare an Agreed Order that the judge would likely sign, but you don't get to make these changes all on your lonesome.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 12/29/98, 11:11 am


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