[MML68]

I have been apart of my grandson's lives from day one when they were born, which was Feb. 2006 and May 2008. This past Oct. 2010 my Son and his wife decided that since I stopped being a doormatt and allowing them to use me for everything they could get from me that I am unfit to see my grandchildren. They now live in TN and I live in WV, however, we all use to live in FL. My question is how can I get visitation rights with my grandchildren regardless of the parent's wishes. I know my grandson's are confused as to what happened to their grandma, I was always with them as well as my daughter their Aunt who has not been allowed to see them either and she is only 15 yeard old. Please inform me as what I can do to get some kind of visitation with my boy's. Thank you.

[cdad]

How long have they lived in Tennessee ?

[JudyKayTee]

If they are residents of TN - and for the purpose of answering I'll assume they are - it's a little complicated. The Aunt has NO rights to visitation.

For the Grandparents - (4) the court of another state has ordered grandparent visitation; (5) the child resided in the home of the grandparent for a period of twelve months or more and was subsequently removed from the home by the parent or parents (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or (6) the child and the grandparents maintained a significant existing relationship for a period of twelve months or more immediately preceding severance of the relationship, this relationship was severed by the parent or parents for reasons other than abuse or presence of a danger of substantial harm to the child, and severance of this relationship is likely to occasion substantial emotional harm to the child.

T.C.A. § 36-6-306 (b) (1) sets out that the court must determine whether there is a danger of substantial harm to the child if the child does not have visitation with the grandparent. The statute lists three factors to examine when determining the existence of substantial harm: (A) whether the child has had such a significant existing relationship with the grandparent that the loss of that relationship would likely cause severe emotional harm to the child; (B) whether the grandparent served as the child's primary caretaker and that the cessation of the relationship would interrupt the child's daily need and therefore bring about physical or emotional harm to the child and (C) the child had a significant existing relationship with the grandparent and the loss of the relationship presents the danger of other direct and substantial harm to the child. In order to determine whether the aforementioned conditions are satisfied, the court must determine whether the relationship between the grandparent and the grandchild is significant. T.C.A § 36-6-306 (b) (2) states that a relationship is deemed to be significant if: (A) the child resided with the grandparent for at least six consecutive months; (B) the grandparent was a full-time caretaker of the child for a period no less than six months; or (C) the grandparent had frequent visitation with the child who is the subject of the suit for no less than one year. Parents Rights - Tennessee Grandparents Rights Summary

I would be VERY careful about the "doormat" language or anything else that indicates a problem between you and the parents. If there is even a suggestion that you will criticize the parents to the children you will lose.

[Fr_Chuck]

TN is not a highly friendly grandparent right state, and most of the rights come from divorced family where the grandparents child does not have custody and they are not seeing the child.

When your own child is going to testify against you in court, it is not going to be a easy battle,
And you will need to file in TN and go to court in TN.