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EspañolLaws current as of October 16, 2024
Who can get custody?
Custody can be awarded to:
- either parent alone;
- both parents; or
- a “suitable person” if the judge believes that this is required to serve the welfare and interest of the child.1
1 TN ST § 36-6-101(a)(1)
When can a grandparent file a petition for visitation rights?
A grandparent can file a petition for visitation in court if:
- the parent(s) or legal custodian:
- won’t allow the grandparent to have a relationship with the child; or
- severely reduced the grandparent’s relationship with the child; and
- any of the following are true:
- the child’s father or mother died or has been missing for six months or more;
- the child’s father or mother are divorced, legally separated, or were never married to each other;
- the court of another state has ordered grandparent visitation;
- the child lived in the grandparent’s home for at least twelve months and was removed from that home by a parent or legal custodian; or
- the child and the grandparent had a significant relationship for at least the twelve months immediately before the parent or legal custodian stopped the relationship or severely reduced it. However, the petition cannot be based on this if the reason for stopping or limiting the relationship was abuse or danger of substantial harm to the child.1
Note: A “grandparent” is defined under the law as:
- a biological grandparent or great-grandparent;
- the spouse of a biological grandparent or great-grandparent; or
- a parent or grandparent of an adoptive parent.2
1 TN ST § 36-6-306(a)
2 TN ST § 36-6-306(e)
When can a grandparent be granted visitation rights?
Once the visitation petition is filed, the judge would hold a hearing. In order to be granted visitation, two things must happen at the hearing:
- the grandparent must prove that there would be a danger of “substantial harm” to the child if visitation were not granted; and
- the judge must find that visitation would be in the best interests of the child after considering the factors explained in How will a judge make a decision about custody?1
“Substantial harm” can come from the parent or custodian not allowing or severely limiting the grandparent-child relationship when any of the following are true:
- the child had such a “significant existing relationship” with the grandparent that the loss or severe reduction of the relationship is likely to cause severe emotional harm to the child;
- the child had a “significant existing relationship” with the grandparent and the loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child;
- the grandparent was a primary caregiver to the child and therefore, the loss or severe reduction of the relationship could interrupt being able to provide for the daily needs of the child, causing physical or emotional harm; or
- the child’s mother or father died and the grandparent seeking visitation is the parent of that deceased parent.2
A “significant existing relationship” is when:
- the child lived with the grandparent for at least six months in a row;
- the grandparent was a full-time caretaker of the child for at least six months in a row; or
- the grandparent had frequent visitation with the child for at least one year.3
1 TN ST § 36-6-306(b)(1), (c)
2 TN ST § 36-6-306(b)(1), (b)(4)
3 TN ST § 36-6-306(b)(2)
