Legal Question in Family Law in Tennessee
Grandparent Rights to Visitation
My ex and I are going through a battle over getting him supervised visitation with our 19 month old son.The guardian ad litem agrees that there needs to be supervised visitation based on his use of alcohol and absence from our son's life. Ex's mother has threatened grandparents rights and recently emailed me and sent a certified letter requesting to see my son - note, she hasnt seen him for six months and the last time she DID see him it was because I took him to go see them (the grandparents.) She's up to something - Is she trying to get me to deny her visitation with my son - since she sent that certified letter? My attorney told me not to respond at all and not worry about it but I cant help but investigate the law a little bit on my own. Please help. Could she file a petition against me to get separate visitation with her grandson?
2 Answers from Attorneys
Re: Grandparent Rights to Visitation
In Tennessee, grandparents do not have automatic visitation rights. In fact, to the contrary, if the biological parents do not want their children to have contact with the grandparents, the courts will normally enforce it. So that is the general rule.
It is possible for a grandparent to petition for visitation. You can read a petition I drew up in a case two years ago at http://riskmgmt.biz/grandparentvisitation.htm
The court's standard for ruling on these petitions is what is in the best interests of the child. If you suspect the grandmother would give her alcoholic son free access to your child, then you should being that up in your opposition to any petition she might file.
Michael A. S. Guth
http://riskmgmt.biz/prose.htm
Re: Grandparent Rights to Visitation
Sounds like you have learned counsel and by no means will I interfere with his/her advice. It is very difficult for grandparents to get court ordered visitation.
On the other hand, if the grandparents are decent people, it may be good for your child to see her granparents and you might want to talk to your lawyer about whether there would be any harm in meeting them at a park or pizza joint or something just so your daughter can stay in contact with them.
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