Modified Grandparent Visitation

The Tennessee Supreme Court has held that the grandparents are essentially on the same footing as a “parent v. parent” modification.  The moving party must show by a preponderance of the evidence that there has been a material change in circumstances and that change makes a modification or termination of grandparent visitation in the child’s best interests.

To read details on a case of modified grandparent visitation, click here.

Case on Grandparent Visitation

This recent case from the Tennessee Court of Appeals, McGarity and McGarity v. Jerrolds and Jerrolds deals with the issue of whether paternal grandparents whose son voluntarily surrendered his parental rights and allowed a step-father to adopt will be granted visitation under the Tennessee Grandparent Visitation Statute. Judge Stafford delivered with Judges Highers and Farmer joining. The case gives an incredibly thorough analysis of the law regarding grandparent visitation and the standards that must be met. In addition, the Court looks at the issues of attorney-submitted proposed findings of fact and conclusions of law and the issue of raising evidentiary objections at the appellate level but not at the trial level.

To read the full case, click here.