Shannon Rhea Roberts v. Creig McLaughlin - Concurring
This case originated as a paternity action. Shannon Rea Roberts (“Ms. Roberts”) sought to establish that Creig McLaughlin (“McLaughlin”) was the father of her child, Dylan Daniels Roberts (“Dylan”) (DOB: February 14, 1997). The part of the case now before us concerns the petition to intervene filed in that proceeding by Janice Roberts (“Grandmother”), who is the mother of Shannon Rea Roberts and the grandmother of Dylan. In her petition, Grandmother seeks court-ordered “reasonable visitation rights” with Dylan. McLaughlin moved to dismiss Grandmother’s petition, relying on Rule 12.02(6), Tenn.R.Civ.P., and asserting that the petition “fail[s] to state a claim upon which relief can be granted.”1 Id. The trial court granted McLaughlin’s motion, finding2 that T.C.A. § 36-6-306 (Supp. 1998) does not authorize an award of grandparents’ visitation under the undisputed material facts of this case. Grandmother appeals, arguing that the trial court erred in dismissing her petition. We affirm. |
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