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  1. #1

    Default How Do I Submit Previous State Supreme Court Case Decisions to Judge

    My question involves a child custody case from the State of: TN

    Hello. This is concerning a Motion to Set Visitation by the paternal Grandmother in TN

    I am a single dad who has full custody of my 6 yr old daughter. She has not seen her Mom in 2 yrs and her mother is not allowed to see her. I started having problems with my Mom (Grandmother) about 2 years ago in regards to her respecting my authority as the parent. Even though I tried to talk to her about these issues and so did other members of my family she brushed them off and continued to do what she wants. When we would visit at her house my daughter would ask me permission to do things or eat things. 99% of the time when I said no my mom would tell her to to do it anyways and not listen to your dad bc your at my house. There were several times where we would just leave suddenly due to this behavior. This continued atmosphere got to the point where my daughter would tell me that her Grandmother said she could do this and she didn’t have to listen to me bc I had to listen to my mom. She tells me to parent on my own time and not to do it when she has my daughter. She talks bad about people in front of my daughter. She engages in conversation with my 6 yr old that is not ok. Like coming home and telling me that my mom doesn’t like my GF and I need to find a new one or that she and the family is dissappointed in me over something I didn’t do. So I finally had enough as I could see that it was rubbing off on my daughter and I was not ok with that and I knew my Mom was not going to change. I feel that as her Father I have the right to control who she spends time with and if that time is positive or negative. After 2 years its more apparent that any more continued time with her would be harmful to my daughter in the sense that it was not the morals and type of person I wanted to imprint upon my daughter. So in May of 2012 I told her she could no longer see my daughter and in June of 2012 she filed a motion to set visitation. She asked for every other weekend, extended time on Holidays and Summer. Now mind you that she has never kept her every other weekend yet alone for more than 1 day. Over the past 9 mos it has been about 1 visit per month. I think its ludacris that she is wanting rights that you primarily see parents ask for. So I have done some research and it seems that the TN Supreme Court has ruled on several cases similar in nature in respect to parents making the choice to not allow there parents to be a part of the kids life. They have upheld it numerous times and state that its protected by the TN consititution that I have a right to raise my daughter as I see fit as long as she is not in any harm or exposed to a susbstantial risk to be harmed. So my question is how do I go about introducing these cases to the magistrate/judge in a respectful way and do I need to bring a full copy of those opinions? Thanks

  2. #2

    Default Re: How Do I Submit Previous State Supreme Court Case Decisions to Judge

    The court works under the assumption that you as the parent, as you noted, have the absolute right to raise your child as you see fit, including deciding what family or other persons are allowed access to the child and what level. The burden isn't on you to prove that you should maintain that level of control and authority - rather, the burden is on grandma to prove to the court that NOT granting the petition would cause some harm to the child. That is a very high burden, and it's high on purpose. The court already knows these things. Grandma is going to have to provide a HIGH level of evidence to the court that there has been an extensive and ongoing relationship, akin to a primary relationship (ie close to living with grandma, not just visiting a few times a month) AND that your parental decision to exclude her can reasonably be anticipated to be detrimental to the child (either physically, emotionally, etc.).


    What YOU want to bring to court is a list of exact examples like you've provided us above: what things has grandma done that show that not granting access is in the child's best interest? Your argument is that you want parental control maintained and grandma's petition denied because (a) grandma refuses to recognize your parental authority, (b) grandma refuses to follow rules that you've put in place for the child, and in fact prides herself in doing so, (c) grandma has attempted to coerce the child into denying your parental authority when she herself isn't around to do so, (d) grandma has age-inappropriate conversations with the child, (e) grandma is purposefully attempting to interfere in regards to your relationships by using the child as a tool of manipulation, and (f) whatever specific behavioral things you've noticed in regards to grandma "rubbing off" on your daughter.

    Now mind you that she has never kept her every other weekend yet alone for more than 1 day. Over the past 9 mos it has been about 1 visit per month.
    That alone is likely to be all the defense you'll need. Grandma hasn't spent enough time with the child nor acted as a primary caregiver to the child to the extent that grandma's absence, in your opinion as the child's parent, would be problematic for the child - and certainly not to the extent to overcome the diverse types of negative impact that such contact would have, as listed above.

    Remember, anyone can ASK the court for just about anything. Asking isn't the same as getting, and the court allowing the case to be heard shouldn't be taken as an endorsement that grandma has the upper hand because she's the one doing the asking. She's got to overcome the burden that you are automatically assumed to be a competent loving parent who has made decisions based on the child's best interest.

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