Hello and welcome,

I am very sorry to hear of your loss. My condolences.

Since your son had not established his Parental Rights, you would typically need to have a DNA test performed to produce evidence in your suit that the child is your biological grandchild. Without that, you would not have any grounds for asserting grandparent's rights.

DNA may be obtained from relative including you to determine Paternity typically, but you would need a court order if any of the parties are not willing to cooperate.

The state does typically allow grandparent's to seek visitation when one of the parent's of the child is deceased, so if you can establish that you are the biological grandparents, you would have grounds to seek visitation.

Here is a link that provides more information:

http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Tennessee.htm

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.