Tennessee law permits grandparents to seek visitation with grandchildren in certain limited circumstances as set forth in T.C.A. § 36-6-306. Grandparents have standing to file a legal action for visitation if the grandchild’s parents are unmarried, divorced, missing or deceased. If the child’s parents are living and married to one another, the grandparent may still file an action for visits but only if the child resided in the grandparent’s home for at least a year, or the grandparent and child had a significant relationship for a year before contact was reduced.
Once a case has been filed, Grandparents may be granted reasonable visits only if such visits are in the best interests of the child after the grandparent has shown: (1) the child’s parents oppose the grandparent’s contact, (2) visitation has been severely reduced, and (3) there is a presence of a danger of substantial harm to the child. The third element can be shown if a severe reduction in an existing grandparent relationship is likely to cause substantial emotional harm to the child.
If the grandchild is in foster care, however, T.C.A. § 36-6-302 authorizes the Court to grant grandparents reasonable visitation rights if visits are in the best interest of the child and the grandparent will adequately protect the child.
Grandparent visitation cases are complex and highly fact sensitive. The contents of this post do not constitute legal advice or suggest any outcome of your individual case. You should seek the advice of an attorney based on the facts and circumstances of your case before taking any action.
