Legal Question in Family Law in Tennessee
grandparent visitation
Tennessee. I have three granddaughters who are sisters. I have custody of the two oldest and my youngest granddaughter is in the custody of my brother-in-law. My brother-in-law filed to adopt only the youngest granddaughter. I then filed an intervening adoption. I also filed for grandparent visitation when my brother-in-law stopped visitation not only with me but the sisters too. I am pro se but my brother-in-law has a very good attorney.
Two questions. Tennessee codes regarding grandparent visitations appear to only address natural parents and not legal custodians. First question: Are there any case laws that I could review that have my particular situation?
Second question: Should I try to get my grandparent visitation case heard before the adoption petitions? I suspect that if the court grants my brother-in-law's adoption then my case for grandparent visitation would become void simply as a matter of law since my brother-in-law and his wife would automatically become the same as natural parents to my grandchild. The tennessee code that allows me to file for grandparent visitations is the fact that my granddaughter's parents were never married.
1 Answer from Attorneys
Re: grandparent visitation
I would have to research the first question. However, regarding the second question, Tn is not an open adoption state. If the adoption is granted it is as if your brother in law fathered the child and you, nor his blood parents do not exist. Based upon the limited information it would seem that your best best bet is to claim it is not in the childs best interest because of the brother in laws past actions showing a willingness to alienate the child from siblings and self, all of whom have a relationship with the child.
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