Grandparents' Rights
Knoxville Grandparents’ Rights Attorney
Also Serving Clients in Knox & Anderson Counties & Throughout East Tennessee
Grandparents often build a close and loving relationship with grandchildren that also provides these children with a connection to family history, medical information, talents, skills, and lifelong experiences. These can be close and ongoing relationships that grandparents cherish and nourish where possible. Unfortunately, circumstances can arise wherein one or both parents prefer to bar grandparents from their children’s lives. In such situations, you as a grandparent may be able to seek visitation rights or, where needed and appropriate, custody of a grandchild.
The process for seeking such rights can be challenging, depending on the circumstances, because parents have legal priority in how their children will be raised. Jodi Loden can review the specifics of your case to determine if you have a fighting chance to secure visitation rights to your grandchild(ren). If so, she can advise you on what needs to be done and act as your skilled representative through your visitation or custody petition and hearings in court.
Call the Jodi Loden law office to book a free 30-minute initial consultation with a Knoxville grandparents’ rights lawyer at (865) 424-7225. Or you may email us on our Contact Page.
What Is a Grandparent & When Can Grandparents Seek Visitation Rights?
According to Tennessee law, legal grandparents include the biological parent of a child’s parent and that person’s spouse as well as the parent of an adopted child’s parent. If you are a legal grandparent, you can file a petition with the court seeking visitation rights where they have been denied. Unfortunately, only limited avenues are available for requesting visitation.
Common scenarios that may allow you to petition for visitation rights can include:
- One or both of the parents has passed away
- A parent has been missing for a minimum of six months
- Your grandchild(ren)’s parents are divorced, separated, or were never married
- Your grandchild(ren) have resided with you for a minimum of 12 months
- You have developed an ongoing bond with your grandchild(ren) for a minimum of 12 months and breaking this bond would not be in their best interests
As in all matters relating to children, the court’s priority is doing what is in the child’s best interests while also protecting the rights of parents who are obviously fit to be their children’s guardians. You would have to prove to the court one of the above-listed situations and that your loss of access to the child(ren) may cause them emotional or other harm.
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“Jodi's experience, and her compassion towards her clients, caused us to never doubt our choice.” - Former Client
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“Jodi does an excellent job and works relentlessly for her clients.” - L. T.
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“Jodi went far and above what I expected.”
When Can Grandparents Seek Custody?
In some situations, grandparents may seek custody of their grandchild(ren) as opposed to only visitation rights. This can involve both legal and physical custody in which the child will reside with the grandparent(s). Custody requires proving certain facts, such as that a parent or parents are unfit and that the grandparents are physically and financially capable of caring for the child.
Typical scenarios where a grandparent may seek custody can include:
- The child’s parents have passed away
- Either one or both parents have been incarcerated
- The child has been subjected to chronic substance abuse or physical abuse or neglect in the home by one or both parents
- The child’s parents currently do not have custody, as in cases where the child has been placed in foster care
- The child has been abandoned
- Other circumstances where the child is experiencing safety risks
Jodi can take on the legal task of preparing your petition and supporting evidence, providing assistance through any form of family negotiation or mediation, and representing you before the family court when litigation is necessary.
You Can Rely on Jodi Loden, a Grandparents’ Rights Lawyer
Family relationships, such as those between grandparents and their grandchildren, often matter the most in life. When such relationships are at stake, it is vital to have the help and support of a trusted legal adviser and representative. Jodi provides genuine advocacy, care, and one-on-one dependable service in these crucial matters.