Legal Question in Family Law in Tennessee

Grandparent Visitation, Parental Rights

I'm divorced & remarried. I'm custodial parent of 2 sons from 1st marriage. My exwife's mother(sons' grandmother)filed a petition for grandparent visitation. Neither child has ever lived with her, though in her petition she claims to have been primary caregiver for many years. Grandmother hates my new wife and constantly incites fear of her in my sons. I have tried to maintain a relationship between grandmother and my sons despite her inappropriate acts. My lawyer says I am to blame as I allowed her to see her grandchildren. He is a fact based attorney and I believe an asset to me. I disagree with him and feel this is a frivolous lawsuit. I have been turned in to Dept. Child. Serv. twice. Grandmother denies doing it but I know she did. Is there a legal way to get records to prove this? Is there a legal way to recover my attorney fees, days missed from work? My lawyer says no. I think it is in the best interest of my sons that they have some type of visitation with grandmother, just what I allow. My ex-wife agrees with me. How can I justify maintaining a relationship between grandmother and my sons without losing my parental rights? My lawyer says to run my life and marriage like a business, I say where is room for love in that?


Asked on 4/15/05, 11:21 am

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Grandparent Visitation, Parental Rights

I think you are a kind-hearted person and I appreciate the way you are approaching the petition. However, I think it would be a good idea for you to go to the internet or law-library and read Tennessee Statute 36-6-306. That is the statute addressing grandparent visitation. There are often bills in the General Assembly trying to formulate ways for grandparents to get visitation because I think most people think like you about the grandparents role in a child's life. However, there are constitutional problems with much of the legislation and the above statute is where TN stands now. If your ex-wife agrees with your position, why can't the grandmother visit when the children are with her? Usually, the grandparent visitation petition is filed when the grandparent cannot visit when the child is with the grandparent's own child either because he or she is deceased, missing or estranged. I do not see the necessity for the petition in your case. Nonetheless, you have an attorney you trust, so I would recommend your meeting with him, sharing your thoughts and mutually deciding how to move forward with the case.

Read more
Answered on 4/15/05, 12:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Tennessee