Tennessee baby custody case abstract on grandparent visitation rights.
The kid on this Williamson County, Tennessee, grandparent visitation case was born in 2012. When the mother and father divorced, the mom was named main residential mother or father with 319 days parenting time per 12 months. Simply three months later, the mom was killed in an accident. For the reason that father’s work required him to journey, and whereas he made preparations to take custody of the kid in Nashville, the kid remained with the maternal grandparents for about three weeks. When the mom’s property was probated, a belief was established with the daddy named trustee, however with the maternal grandparents serving as protectors.
Beginning in 2018, the daddy ignored or denied requests by the grandparents to have contact. They subsequently filed a petition for grandparent visitation, and a trial was held in 2020. The trial court docket granted their petition. Particularly, it held that the daddy had opposed visitation, which resulted in a transparent hazard of hurt to the kid, and that such visitation was within the baby’s greatest pursuits. The daddy then appealed to the Tennessee Courtroom of Appeals.
The appeals court docket first famous that grandparent visitation circumstances at all times signify a battle between the mother or father’s constitutional proper to make choices about their baby, and the grandparents’ rights beneath the Tennessee grandparent visitation statute. It then turned to the weather of the statute, the primary being that the mother or father opposed the visitation.
The appeals court docket agreed that this aspect had been glad. It reviewed the textual content messages between the events and agreed that these constituted opposition. It then turned to the following prong, substantial hurt.
The appeals court docket additionally agreed with the decrease court docket that there could be substantial hurt to the kid if grandparent visitation had been denied. The appeals court docket famous that the proof confirmed that the kid was having hassle adjusting to the lack of the mom, and that the kid had begun to indicate unfavorable results from the separation from the grandparents.
The court docket then turned to the ultimate aspect of the statute, the most effective pursuits of the kid. The court docket weighed the statutory elements and agreed that visitation was within the baby’s pursuits. It famous that the grandparents had been concerned within the baby’s life since she was born and had a loving relationship.
Lastly, the appeals court docket regarded on the precise visitation schedule and agreed that it was affordable. The schedule included Mom’s Day weekend, ten days in July, and the weekend closest to the mom’s birthday. It additionally included provisions for FaceTime calls and extracurricular actions.
For these causes, the Courtroom of Appeals affirmed the decrease court docket’s order.
No. M2021-00569-COA-R3-CV (Tenn. Ct. App. July 25, 2022).
See authentic opinion for actual language. Authorized citations omitted.
To study extra, see Grandparent Visitation Rights Regulation in Tennessee.
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and baby assist worksheets from actual circumstances accessible on Amazon.com.