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Grandparents Seeking Guardianship in Tennessee

Nashville Blog 2018 December Grandparents Seeking Guardianship in Tennessee
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Grandparents Seeking Guardianship in Tennessee

Posted By David Whittaker, Attorney at Law || 3-Dec-2018

Are you a grandparent who is seeking legal custody or guardianship of your grandchild? If so, this post is intended to give you a brief overview of what those entail. If you are given legal custody of your grandchild, he or she will live with you and you will have the legal authority to make decisions on their behalf, such as where the child attends school, what medical care they receive, and what extracurricular activities he or she is enrolled in.

Guardianship can happen in one of two situations: 1) the parent or parents are willing to let you care for the child (this is common when parents are incarcerated or deployed in the military), or 2) when the child is a victim of abuse and neglect.

As a guardian, there are limits to the decisions that you can make for the child and it’s usually a temporary situation. While you would be responsible for the care, custody and control of your grandchild, you would not be responsible for his or her expenses.

As a guardian:

  • You are authorized to make medical decisions on the child’s behalf.
  • No one can take your grandchild away from you.
  • You are entitled to public benefits on the child’s behalf.
  • You can obtain a protective or restraining order if your grandchild is a victim of child abuse.
  • You need the court’s permission if you want to move out of the country with your grandchild.

If you seek guardianship, the court will want to know if you have any recent Chapter 7 or 13 bankruptcy filings and if you have any felony convictions.

If you are raising your grandchild but you do not have legal custody of him or her, your options are limited. If your grandchild is a victim of abuse, neglect, or abandonment by both parents and you pursue legal custody, be aware that it can interfere with the child’s relationships with his or her parents. But sometimes, legal custody is in the child’s best interests and that’s clear.

I hope this posts helps you better understand how guardianship works in Tennessee. If you need estate planning advice, feel free to contact my firm directly.

Categories: Estate Planning, Guardianship

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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Call Today: (888) 492-4735
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