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Can grandparents get custody of their grandchildren in Tennessee?

On Behalf of | Oct 9, 2024 | Child Custody

In some situations, grandparents may need to step in to care for their grandchildren. When the well-being of children is at stake, Tennessee law allows grandparents to seek custody under specific conditions. 

There are several things grandparents need to know about gaining custody of their grandchildren in Tennessee.

Situations where grandparents can seek custody

Grandparents may seek custody if the child’s parents are unable or unfit to care for them. This can include situations involving parental neglect, substance abuse, mental health issues, or if the parents are deceased. Courts prioritize the child’s best interests, and if grandparents can provide a safe, stable environment, they may get custody.

Proving parental unfitness

In Tennessee, grandparents must prove that the parents are unfit to care for the child in order to gain custody. Evidence might include records of abuse, neglect, or any other conditions that put the child in danger. Grandparents must demonstrate that custody is necessary to protect the child’s well-being and that they can provide a more stable living situation.

The child’s best interests

The court’s primary concern is always the child’s best interests. The courts consider factors such as the emotional bond between the child and the grandparents, the child’s preferences (if old enough to express them), and the grandparents’ ability to meet the child’s needs. If staying with grandparents would serve the child’s emotional and physical needs better than with the parents, the court may grant custody.

Temporary vs. permanent custody

Grandparents can seek either temporary or permanent custody. When parents are temporarily unable to care for the child but could regain stability in the future, custody may be temporary. Permanent custody might be awarded if it becomes clear that the parents are incapable of providing long-term care.

Stability and support make all the difference

Grandparents who step in to care for their grandchildren provide much-needed stability during difficult times. The courts recognize the importance of a safe, loving environment, and grandparents can play a crucial role when parents are unable to fulfill their responsibilities.