I am looking for someone who has knowledge in both Tennessee and South Carolina in grandparents visitation rights. I am aware that they could not represent me in Tennessee but I am at the end of my rope and need helpful information. I am an aunt who has adopted her nephew due to a surrender of both parents rights. His paternal grandfather has always undermined every single thing we have asked him. (watching what he watched on tv, being dishonest to us, having consequences for bad behavior at school, ect) that's not even a fraction of it. When we finally said enough was enough he threatened us with DCS and to "law us to death". He has the funds to do so and we do not. This has been going on for a year and I just want to move on with our lives. Am I fighting a loosing battle?
Michael Edward AtwaterLitigation LawyerColumbia, SC ·
If you truly adopted this child then he is yours and yours alone. There are no grandparent rights whatsoever. Any rights that this man could have under Tennessee or SC law would be derivative of his own sons rights (which you stated were forfeited or abandoned). He doesn't have legal standing to take you to court in the first place. From your fact pattern (watching what he watched on TV) it appears that you live with this man. Get out of his house. The only control that he has is whatever you give to him. Are you financially dependent upon this man?
Some critical facts appear to be missing. Is there an order granting visitation rights to the grandparents? Otherwise, they have no rights. Have you spoken with an attorney? If you have an action in SC, why is Tennessee involved? Additionally, it is not true that a SC attorney cannot represent you in TN--there is a legal mechanism to do just that typically--but, it obviously is wiser to have an attorney in TN and SC to avoid paying for travel time, etc.
I do not believe that you are fighting a loosing battle, unless you are fighting without an attorney. There are many cases, including U.S. Supreme Court cases which make clear that grandparents do not call the shots except under very narrow exceptions. Talk with a seasoned family law attorney in SC. Hopefully you can get an award of attorneys' fees against the paternal grandfather!
Rebecca A. SeibertDivorce / Separation LawyerNorth Charleston, SC ·
I agree with Mr. Atwater; if you have legally adopted this child, then he is yours, and only your parents would be entitled to assert grandparents' rights. The biological father's parents would not have any rights to assert.
If you have not legally adopted the child, but the child lives in SC, then any action for grandparents' visitation would likely need to take place here, not in TN. If he were to file an action in TN, I would recommend that you retain a TN attorney to contest jurisdiction at the initial hearing. Presumably the attorney's fees for that would be quite reasonable given the limited scope of the representation.
Also, be sure to keep documentation of his saying these things about calling DSS and driving you to financial ruin. It may be helpful in the future. Even if he is saying these things over the phone, start keeping a log. If it's in writing, such as via e-mail, even better.
