Grandparents' Rights: What Tennessee Law Actually Says

If you’re being denied time with your grandchild or are concerned about the child’s care, you may have more legal options than you realize, but they aren’t automatic. Depending on the circumstances, Tennessee law may allow you to maintain contact, seek custody, or obtain authority to care for your grandchild. Because Tennessee protects parents’ authority to raise their children, a court usually must find that your grandchild would suffer substantial harm without your involvement. 

Visitation allows you to spend time with your grandchild without assuming parental responsibilities. Custody involves responsibility for the child’s care and may include authority over education, healthcare, and daily decisions. Each requires a different legal showing. 

I’m Attorney Theresa D. Childress, and I help families in Memphis, Tennessee, and throughout Shelby County with child custody and visitation matters. I can review your circumstances, explain your legal options, and help you choose an appropriate next step. 

Who Can Petition for Grandparent Visitation

Under Tennessee Code § 36-6-306, grandparents may qualify for a visitation hearing when a custodial parent or custodian opposes or severely reduces contact and one of these circumstances exists: 

• Death of a parent: A parent of the unmarried minor child has died. 

• Divorce or separation: The child’s parents are divorced, legally separated, or were never married. 

• Missing parent: A parent has been missing for at least six months. 

• Existing court order: Another state’s court has ordered grandparent visitation. 

• Previous shared residence: Your grandchild lived with you for at least 12 months before being removed by a parent or custodian. 

• Severed relationship: A significant relationship lasting at least 12 months was severed or severely reduced by the parent for reasons other than abuse or danger to the child, and losing it is likely to cause the child substantial emotional harm. 

Tennessee’s definition of “grandparent” isn’t limited to biological grandparents. It also includes the spouse of a biological grandparent, the parent of an adoptive parent, and biological or adoptive great-grandparents and their spouses. 

A severe reduction means no contact or token visitation: contact that is merely superficial, extremely infrequent, or too brief to be meaningful. Meeting a qualifying condition allows the court to consider your petition but does not guarantee visitation. 

The Substantial Harm and Best Interests Tests

Tennessee courts generally apply two tests. First, the court must find a danger of substantial harm to the child from losing or severely reducing the relationship, such as severe emotional harm or the loss of a grandparent who provided essential daily care. A significant existing relationship can be shown through six consecutive months of shared residence, six months of full-time caregiving, or frequent visitation for at least one year. 

In two situations, the court will assume harm unless the parent proves otherwise. The first is when your grandchild lived with you for at least 12 months before being removed. The second is when you are the parent of the child’s deceased parent and your relationship with the grandchild has ended or been severely reduced. 

Second, the court considers whether visitation serves your grandchild’s best interests. Under Tennessee Code § 36-6-307, relevant factors include your previous relationship, emotional ties, the child’s maturity and preferences, and whether visitation would interfere with the parent-child relationship. If visitation is approved, the court determines a reasonable arrangement. No particular schedule is guaranteed. 

Grandparent Custody and Parents’ Superior Rights

Parents generally have superior rights in initial custody disputes with grandparents and other nonparents. A court cannot ordinarily award you initial custody over a parent’s objection simply because you could provide a better home. It must first determine that remaining with the parent would expose the child to substantial harm, and only then consider whether placing the child with you serves the child’s best interests. Abuse, neglect, abandonment, or serious failures to provide proper care may support that finding, depending on the evidence. 

Grandparents may also participate in dependency-and-neglect proceedings involving children who lack appropriate parental care or protection, as defined in Tennessee Code § 37-1-102. That definition can also apply if a parent has willfully left your grandchild in your sole financial and physical care for at least 18 consecutive months and removing the child from your care would cause substantial harm. 

In Shelby County, the right court depends on your case’s history. Dependency-and-neglect cases are heard in the Juvenile Court of Memphis and Shelby County, while a visitation or custody petition may need to be filed in the circuit, chancery, or juvenile court that already handled the family’s custody matters. 

If you already have a custody order, a parent seeking to regain custody may face a different legal standard depending on how the original order was entered. Through my child custody and visitation services, I can help you assess the requirements for seeking an appropriate arrangement. 

Caregiving Authority Without Contested Custody

Depending on the parent’s cooperation and how long care is needed, your options include: 

• Caregiver power of attorney: A parent facing a hardship may temporarily delegate certain caregiving authority. The document must meet statutory requirements and does not transfer legal custody. 

• Legal custody: A court order granting responsibility for the child’s care and certain decisions while parental rights generally remain intact. 

• Permanent guardianship: A juvenile court may appoint a permanent guardian in qualifying proceedings without terminating the parent-child relationship. 

• Adoption: A legal process establishing a new parent-child relationship, generally following termination of the previous parents’ rights. Under § 36-6-306, grandparent visitation rights automatically terminate following adoption by someone other than a relative or stepparent. 

If you’re raising your grandchild, you may also qualify for support through Tennessee’s Relative Caregiver Program, which serves Shelby County and can help with one-time financial assistance, support groups, and other services, even without a custody order. Legal custody may also allow you to seek child support from the parents. Informally caring for your grandchild does not give you legal custody or unrestricted decision-making authority. 

Preparing a Grandparent Visitation or Custody Case

Your next steps depend on whether you’re seeking visitation, custody, or authority to care for your grandchild. 

• Gather relevant records, including messages about restricted contact, visitation calendars, caregiving records, school communications, and existing court orders. 

• If you already care for your grandchild, determine whether you have sufficient authority for school enrollment, medical treatment, and other essential decisions. 

• Where appropriate, consider an agreement with the parent. 

• If your grandchild’s safety is at risk, consider the dependency-and-neglect process described above. 

Discuss Your Rights as a Grandparent With Attorney Theresa D. Childress

In my practice, I handle family law matters involving custody and visitation. As a Memphis, Tennessee, family law attorney, I serve clients throughout Shelby County and can help you review relevant evidence, assess the legal requirements, and determine an appropriate course of action. Call (901) 265-2656 to schedule a free 15-minute consultation and discuss your rights as a grandparent under Tennessee law.