Grandmother not entitled to visitation of child of estranged daughter
Tennessee case summary on grandparent visitation in divorce and family law.
Grandmother not entitled to grandparent visitation of child of estranged daughter.
Mary McCabe Peirce v. Lee Wesson Hope
The maternal grandmother in this Shelby County, Tennessee, grandparent visitation case brought an action against the child’s father. The mother was estranged both from her mother and child. She had a history with substance abuse. She did not immediately contact the father, but began a series text messages in 2019. The father met with the grandmother and a therapist. He then asked her to appear at a court hearing. She filed the action in 2021 for grandparent visitation, and the trial judge ruled in 2023. The court ruled that there was no substantial harm to be caused by the absence of grandparent visitation and denied the petition. The grandmother appealed the decision to the Tennessee Court of Appeals.
The court noted that parents have a constitutional right to make decisions regarding the care and custody of their children, but the grandparent has some rights under Tennessee’s grandparent visitation law. The statute will only apply if there is a substantial harm to the child.
After reviewing all the evidence, it was determined that the trial judge had acted correctly. It noted that the grandmother hadn’t seen the child since 2018 and that all evidence indicated that the child was happy. The father also argued that he should be awarded attorney fees on appeal. It held that, under the facts of the case, attorney fees are not available to a prevailing side in a grandparent’s visitation case.
