Award of Child Custody to Nonparent Reversed in Crossville, TN: Vinson v. Ball

Facts: Mother and Father are the unmarried parents of two children. The parents eventually separated, and Father returned to his family home in Louisiana. An agreed order was entered naming Mother the primary residential parent. Father was granted visitation with the children for the entire month of June, one weekend per month, and alternating holidays. […]

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Superior Parental Rights Retained after Temporary Change of Custody in Clarksville, TN: Bryan v. Miller

Facts: Mother was designated the primary residential parent of Child when she and Father divorced. Years later, Father obtained emergency temporary custody because Mother was homeless and suffering from mental health issues. Shortly thereafter, the trial court entered an “Interim Agreed Order” providing that Child would physically reside with his maternal grandmother. A year later, […]

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More Grandparents Serving as Primary Caregivers to Children

After 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 […]

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Grandparent Visitation Reversed in Savannah Because No Showing of “Substantial Harm”: McGarity v. Jerrolds

Facts: 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 […]

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Wedding Planning for Divorced Parents

This article in The New York Times illustrates the lifelong effects an acrimonious divorce has on parents and children. Divorce Whisperer? Mediating With Parents Isn’t Easy For some couples, deciding where to seat narcoleptic Uncle Reginald is the least of their wedding planning worries. Those with divorced parents are assured of having quite a few […]

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Grandparent Not Entitled to Notice of Adoption: In re Janessa R.K.B.E.

Facts: The trial court granted the adoption of Child by her foster parents. Child had been in the custody of the Department of Children’s Services. Shortly thereafter, Child’s paternal grandmother filed a Rule 60 motion to set aside the order of adoption because she had not been given notice of that proceeding. The trial court […]

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Grandparent Visitation Denied to Former Step-Grandfather in Tennessee: Spears v. Weatherall

Facts: Stepfather was married to Stepdaughter’s mother for 25 years and helped raised Stepdaughter from the time she was five years old. When Stepdaughter gave birth to Child, Stepfather became actively involved in Child’s life as a step-grandfather. After Stepfather and Stepdaughter’s mother divorced, Stepdaughter continued to allow Stepfather to visit with Child on a regular basis. […]

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Modification of Grandparent Visitation in Tennessee: Lovlace v. Copley

Facts: In their divorce, Mother was designated the primary residential parent of Child and Father was awarded supervised visitation. Eventually, Mother married Stepfather. The 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 […]

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Grandparent Visitation in Tennessee

Grandparents in Tennessee are statutorily entitled to visitation rights with their grandchildren under certain circumstances. Over the past few years, the Court of Appeals has attempted to clarify when these grandparent visitation rights may and may not be granted. The statute. Tenn. Code Ann. § 36-6-306 identifies certain circumstances in which grandparents are entitled to court-ordered visitation […]

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