Legal Analysis and Commentary
Facts: Grandmother is the paternal grandmother of Child. When Child was born, Mother, Father, and Child lived with Grandmother for more than 2 1/2 years. Less than a year after Mother, Father, and Child moved out of Grandmother’s home, Mother and Father were arrested. Child was found to be dependent and neglected, and Child’s maternal […]
Read MoreFacts: After the children were adjudicated dependent and neglected, the maternal great-grandparents were awarded temporary custody. The children lived with the great-grandparents for the next six years. Once custody was restored to the biological parents, the great-grandparents petitioned for grandparent visitation. The biological parents opposed visitation. This is the second appeal in this case. In […]
Read MoreFacts: After the children were adjudicated dependent and neglected, the maternal great-grandparents were awarded temporary custody. The children lived with the great-grandparents for the next six years. Once custody was restored to the biological parents, the great-grandparents petitioned for grandparent visitation. The biological parents opposed any visitation and asserted the great-grandparents lacked standing to seek grandparent visitation […]
Read MoreFacts: Mother and Father are the parents of Child. Prior to Child’s birth, Father was arrested and pleaded guilty to possession of cocaine for resale. Following Child’s birth, Father was arrested again and convicted of selling ecstasy. Father went to prison. Over the years, Father had little or no contact with Child. Child spent most […]
Read MoreFacts: Mother and Father are the divorced parents of Child. Father was convicted of stalking mother and has no visitation with Child. Father has been in and out of jail throughout Child’s life. Mother and Child resided with Paternal Grandparents for 12 months after Child’s birth. Father was incarcerated during much of this time. Even after […]
Read MoreFacts: Mother and Father are the married parents of several children. Mother and Grandmother, both attorneys, worked together in Grandmother’s Kentucky law firm for several years. Their relationship began to deteriorate. Mother left Grandmother’s law firm. The relationship eventually became so acrimonious that Mother forbade Grandmother from contacting the children. Grandmother petitioned the Kentucky court […]
Read MoreFacts: Mother and Father are the parents of Child. Mother had another child who was legally adopted by the Paternal Grandparents. Disagreements and hostilities developed between Mother and Father and the Paternal Grandparents, and Mother and Father decided it was in Child’s best interest not to have further visitation with Paternal Grandparents. Paternal Grandparents filed […]
Read MoreFacts: Child lived with his Maternal Grandparents from birth until approximately age six, at which point he lived with Mother (Father is deceased). Less than two months later, Maternal Grandparents petitioned for court-ordered grandparent visitation of 138 days per year (after initially requesting that they be named the primary caregivers). The proof showed that in the seven weeks […]
Read MoreThe Tennessee Bar Association just released the 2014 edition of The Legal Handbook for Tennessee Seniors. In addition to important information about federal benefits programs, estate planning, online security and health care, the Handbook contains some information about family law issues relevant to senior citizens. On page 174 of the Handbook, readers will find the following […]
Read MoreAfter all the grandparent visitation posts on this blog from the last few weeks, I thought this article by Emily Alpert in the Los Angeles Times might be of interest. More grandparents serving as primary caregivers to children The number of grandparents caring for children surged during the economic downturn amid financial woes. Military service […]
Read MoreFacts: Since Child’s birth, Grandparents babysat Child regularly while Mother worked, often several days each week. After a falling out between Mother and Grandparents, Mother did not bring Child to Grandparents for normal visits or babysitting. Grandparents petitioned for grandparent visitation. At the time of trial, Child was two years old. Mother testified that Child […]
Read MoreFacts: Mother and Adoptive Father are the biological mother and stepfather/adoptive father of Child. Mother and Child’s biological father divorced, after which Adoptive Father adopted Child. Prior to the adoption, Paternal Grandparents babysat Child three or four times a week and kept him two or three days each month on weekends. After the adoption, Mother […]
Read MoreFacts: In their divorce, Mother was designated the primary residential parent of Child and Father was awarded supervised visitation. Eventually, Mother married Stepfather. Paternal Grandparents petitioned for grandparent visitation, which ultimately led to an agreed order providing for grandparent visitation. Several years later, Father consented to Stepfather’s adoption of Child. The order of adoption specifically stated […]
Read MoreFacts: Mother and Father were never married. When Child was born, Father was in the military and stationed elsewhere. Mother allowed the paternal grandparents (“Grandparents”) to have liberal visitation with Child. Years later, Mother married and had children with her husband. When Child was five years old, Mother reduced Grandparents’ visitation with Child but did […]
Read MoreFacts: Parents of Child were married and lived in Mississippi. At some point, they separated. Child lived with Mother for approximately seven months in Mississippi. Child then lived with Father in Tennessee for about two months. Two months later, Mother died unexpectedly. Maternal Grandmother requested and received visitation with Child on several occasions. Eventually, Father […]
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