Legal Question in Family Law in Tennessee
Grandparents Seeking Visitation for Sibling Brother
My son has two children. The oldest child is a boy that is 9 years old. The youngest is a girl that is 6 years old. I am the custodial parent of the boy. I obtained custody of him when he was 10 months old. His ex-wife is custodial parent of the girl.
My son lives in Florida. Both children reside in Tennessee.
Just recently, the ex-wife has decided she will not allow the girl to come to my home for over-night visits with her brother. I have allowed him to make over-night visits in her home.
My grandson has called and asked, on several occasions, for his sister to come and spend the night and the ex-wife and her husband refuse.
Does my 9 year old grandson have any legal right to ask for visitation with his sister at his residence? Or do I, as a grandparent, have to petition the court for visitation on his behalf.
2 Answers from Attorneys
Re: Grandparents Seeking Visitation for Sibling Brother
Generally, grandparents have no visitation rights in Tennesee, but siblings may. You would need to file as "next friend" in your local juvenile court or have your son file. For more info, see www.gsmithlawfirm.com .
Re: Grandparents Seeking Visitation for Sibling Brother
While I agree with what attorney Gregory Smith posted, I think he may be missing something.
You need to look at what the Final Decree of divorce says regarding visitation (or any other Order since that, and you need to look particularly at the Order giving you custody). If the Court Ordered that the mother allow visitation with you, or between the children, then the mother may well be in contempt of court and the judge would insist that she allow the visitation.... IF you take the matter back before the court.
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