Advocating For Grandparents Rights to Custody

Last updated on November 2, 2025

Grandparents and grandchildren deserve to build strong, lasting relationships. Many Tennessee grandparents help raise and care for their grandkids, especially when their parents cannot. If you’re a grandparent who is concerned for the well-being of your grandchild, you may have considered seeking full custody. But is it even possible?

Attorney Nichole Dusche has years of experience in advocating for grandparents and grandchildren in complex custody issues at the Law Office of Nichole Dusche. She prioritizes the needs and well-being of the children involved while helping grandparents seek custody that can help keep their grandkids safe.

When Can Grandparents Seek Custody?

In Tennessee, parents are generally presumed to have parental rights over others, such as grandparents, aunts and uncles, foster parents or other parties. Courts favor the parents in custody cases unless there is good reason otherwise. Common situations that may allow grandparents to seek custody include:

• The parent(s) poses a risk of substantial harm to the child.
• The parent(s) is unfit to care for the child.
• The child is considered a dependent and neglected under Tennessee law.

Grandparents who wish to seek custody will need to provide proof of any of these factors. This is often a challenging process and requires the careful and detailed assistance of a knowledgeable custody lawyer.

Nichole supports Franklin grandparents, who want to provide a safe and loving environment for their grandkids. She is familiar with the laws surrounding child custody and can help you develop a strong strategy with the proper evidence to petition for custody in the juvenile court.

Answering Frequently Asked Questions Regarding Grandparents Custody

When grandparents consider seeking custody of their grandchildren, they often have many questions about the legal process and their rights. At [nap_names id=”FIRM-NAME-1″], we are here to provide clarity and guidance as we advocate for you and your family. As we work together to build a strong case, we can address your concerns and help you navigate this challenging time. Some of the common questions we hear from grandparents include:

What evidence can help grandparents build a strong custody case in Tennessee?

To build a strong custody case, grandparents should gather evidence that demonstrates the child’s need for a safe and stable environment. This may include documentation of the parents’ inability to care for the child, such as proof of neglect, abuse, or substance abuse issues. Additionally, showing a history of providing care and support for the grandchild can strengthen the case.

How does Tennessee law define a child as “dependent and neglected”?

Under Tennessee law, a child is considered “dependent and neglected” if they lack proper care, supervision, or support due to the actions or inactions of their parents. This can include situations where the child is exposed to unsafe living conditions, abuse, or abandonment. Grandparents seeking custody must provide evidence that the child’s current environment meets this legal definition to support their petition.

Can grandparents seek emergency custody of their grandchildren in Tennessee?

Yes, grandparents can seek emergency custody in Tennessee if the child is in immediate danger or at risk of substantial harm. Emergency custody petitions typically require urgent evidence, such as proof of abuse, neglect, or unsafe living conditions. Courts will prioritize the child’s safety and well-being when considering these cases, making it essential to act quickly and consult with a knowledgeable attorney.

What role does the child’s preference play in a grandparent custody case?

In Tennessee, the court may consider the child’s preference in custody cases, depending on their age and maturity. While the child’s opinion is not the sole determining factor, it can influence the court’s decision, especially if the child is older and capable of expressing a reasoned preference. Grandparents should be prepared to demonstrate how their custody would align with the child’s best interests, regardless of the child’s stated preference.

Franklin Custody Attorney Who Will Fight for You

Children deserve a safe place to live and grow. Sometimes, that place is not with their parents. Grandparents who are able to step in and support their grandchildren should be given the chance to seek custody. Let our firm help you take the steps necessary to achieve a positive outcome.

Call today at 615-861-1191 or send an email through the online form.