The legislature in Tennessee has passed laws that give grandparents rights under certain circumstances. According to Tenn. Code Ann. 36-6-306, a grandparent can file a Petition for visitation and have a trial if...1) the parents were never married and either parent is deceased, 2) the parents are divorced, never married, or legally separated, 3) either parent has been missing for more than six (6) months, 4) another jurisdiction has ordered grandparent visitation, 5) the child resided with the grandparents for at least twelve (12) months and was removed by the parents, or 6) the grandparents maintains a "significant relationship" with the child, was stopped for reasons other than abuse or harm, and failing to allow grandparents rights would likely cause substantial emotional harm to the child.
Tenn. Code Ann. 36-6-306 also sets forth a separate analysis if a grandparent can prove the necessary elements to get their day in Court. The grandparents must show that failure to allow visitation with the child would cause substantial harm to the child.
Freeman & Fuson represent grandparents and parents in cases involving grandparents rights and the application of Tenn. Code Ann. 36-6-306 which allows grandparent visitation. These cases are fact specific and require a skilled lawyer to apply the facts in your case to the applicable law. Mark and Joseph know the law. However, getting to know the clients is how Mark and Joseph separate themselves from other lawyers. They will be meeting with you at the initial consultation and standing in front of the judge arguing your case. Mark and Joseph are trial lawyers and have the skills necessary to take the facts of your case and apply the law in an effective manner. Contact Freeman and Fuson for an initial consultation.