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Grandfather Not Entitled to Court-Ordered Visitation

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Tennessee grandparent visitation rights case abstract.

Dwight Morisch v. Ryann Maenner, et al.

Grandparents should show opposition to visitation.

The paternal grandfather on this Haywood County, Tennessee, grandparent visitation case filed a petition to acquire visitation together with his grandchild, who was born out of wedlock in 2011.  At the time, the mom and father have been dwelling with the grandfather, however the mom moved out a couple of yr later.  The father and grandson continued dwelling with the grandfather till 2014.  In late 2014, thye father was arrested for drug-related offenses, at which period the mom filed a petition to be named the first residential father or mother.  The juvenile courtroom granted this petition in 2015.

In 2019, the grandfather filed the petition for visitation.  There was testament that the grandfather had exercised visitation a variety of occasions, and the grandfather instructed her that he had some papers he wished her to signal, however that she didn’t need to signal them.

After the grandfather testified as to his good relationship with the kid, the trial courtroom, Judge J. Roland Reid, granted the petition, permitting the grandfather visitation each different Saturday.  The mom then appealed to the Tennessee Court of Appeals.

The appeals courtroom famous that the case was ruled by the Tennessee Grandparent Visitation Statute, and that evaluate was de novo, with a presumption of correctness of factual findings.  It famous that the prerequisite for utility of the statute was a discovering that the custodial father or mother opposed the visitation, and that there was a extreme discount of visitation time.  It identified that with out this exhibiting, the trial courtroom would don’t have any foundation for making an order.

In this case, the mom testified that she didn’t oppose the visitation, however that she didn’t need to signal the authorized papers the grandfather had introduced to her.  Under these circumstances, the appeals courtroom held that the prerequisite was not met, and it reversed the decrease courtroom’s judgment and dismissed the case.

The courtroom’s opinion was penned by Judge Andy D. Bennett, and Judge Kristi M. Davis Joined.

Judge Carma Dennis McGee filed a dissenting opinion.  The dissent identified that there had been conflicting proof about whether or not the mom had minimize off visitation, and given this dispute, the trial courtroom’s ruling ought to have been upheld.  Judge McGee additionally pointed to deficiencies within the mom’s appellate transient, and would have deemed a number of the points waived.

No. M2019-01512-COA-R3-CV (Tenn. Ct. App. Mar. 23,  2021).

See unique opinion for actual language.  Legal citations omitted.

To study extra, see Grandparent Visitation Rights Law in Tennessee.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and little one assist worksheets from actual circumstances out there on Amazon.com.

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