Contact Us Today For Help!

  • This field is for validation purposes and should be left unchanged.
  • The invitation to contact our firm does not create an attorney-client relationship. Benjamin T. Barnett, Attorney at Law, respects your privacy online and will not share your name and contact information with a third party without your consent.

Dedicated Family Law Advocates

Knoxville Divorce Lawyers

Grandparents’ Rights Attorney in Tennessee

Protecting Your Relationship with Your Grandchildren

At The Barnett Firm, we understand that grandparents can be a vital source of love, stability, and support in a child’s life. When that connection is threatened, it can be heartbreaking—and legally complex. Tennessee does not automatically guarantee grandparents access to their grandchildren, but under certain circumstances the law provides important avenues for custody and visitation.

When Grandparents Can Seek Custody

Grandparents may be able to seek custody of a grandchild when a child’s parents are unable to provide a safe, stable home. Situations that can form the basis for a custody petition include:

  • Evidence that a parent is neglecting or abandoning the child
  • A parent’s inability to provide a secure environment
  • The grandparent has served as the primary caregiver for a significant period
  • The child has lived with the grandparent for an extended time

Custody actions involve demonstrating to the court that awarding custody to you would serve the child’s best interests. Our attorneys can help you evaluate your options and assemble the evidence needed to support your case.

Grandparent Visitation Rights in Tennessee

Tennessee law does allow grandparents to petition for visitation, but only in limited statutory situations. Under Tennessee Code Annotated § 36‑6‑306, you may be eligible to seek court‑ordered visitation if one of the following applies:

  • A parent of the child is deceased
  • The child’s parents are divorced, separated, or were never married
  • A parent has been missing for at least six months
  • The child lived with the grandparent for 12 months or more before being removed
  • There was a significant existing relationship that has been severely reduced
    and ending or reducing that relationship is likely to cause the child substantial emotional harm.

A court will not order visitation simply because you want to see your grandchildren—you must show that the loss of the relationship poses a risk to the child’s well‑being and that visitation would be in the child’s best interest.

Understanding the Legal Process

Seeking grandparents’ rights in Tennessee generally involves:

  1. Filing a petition in family or juvenile court.

  2. Showing that statutory requirements are met (e.g., one of the qualifying conditions above).

  3. Demonstrating the best interests of the child, including the emotional bond between grandparent and grandchild.

  4. Responding to parental opposition, which often centers on parental rights and constitutional protections.

Our firm helps clients with every step—from preparing pleadings and gathering supporting evidence to advocating on your behalf at hearings.

Factors Tennessee Courts Consider

When deciding whether to grant visitation or custody, courts look at:

  • The emotional attachment between the child and grandparent
  • The child’s physical and emotional health
  • The grandparent’s ability to maintain a stable home environment
  • Whether visitation would disrupt the parent‑child relationship
  • Best interests of the child as the guiding legal standard

These factors are considered alongside statutory requirements to ensure that any legal order supports the child’s overall well‑being.

Why You Need an Experienced Attorney

Grandparents’ rights cases can be emotionally charged and legally nuanced. Strong representation helps ensure:

  • Your petition is filed properly and timely
  • Your evidence clearly supports the legal standards
  • You’re prepared for hearings and negotiation with opposing parties
  • Court‑ordered custody or visitation is enforceable and sustainable

At The Barnett Firm, we bring compassionate advocacy and strategic legal counsel to every grandparents’ rights matter.

Frequently Asked Questions

Can grandparents get temporary custody?
Yes—if there is an immediate danger to the child’s safety, a court can award temporary custody while the case is pending.

Can grandparents share custody with a parent?
Joint custody with a biological parent is rare but may be pursued in limited circumstances involving child protective services.

Can custody be lost if a parent improves?
Yes—if a parent remedies the issues that led to custody transfer, the court may restore custody to the parent.

Contact A Knoxville Grandparents’ Rights Attorney

If your relationship with your grandchild is at risk, don’t wait. Contact The Barnett Firm for a consultation with a grandparents’ rights attorney. We’ll review your situation, explain your legal options, and help you take the right steps to protect your family.

The Barnett Firm

Skip to content