How can a grandparent get visitation with their grandchildren in Tennessee?

As a grandparent, your relationship with your grandchild can be complicated by your relationship with your children. Sometimes, despite a grandparent’s best efforts, their child refuses to let their children visit with their grandparents. In other cases, the child’s other parent or guardians are a barrier to a grandparent establishing and maintaining a relationship with their grandchild. This understandably leaves a grandparent hurt and confused. While most grandparents prefer to settle matters with their children, outside of court, in Tennessee, a grandparent can petition the court for and be awarded visitation with their grandchild. Can a grandparent petition for visitation with their grandchild? If your grandchild’s parent has opposed or severely reduced your visitation with your grandchild, you may file a petition for visitation rights. Tenn. Code Ann. §36-6-306(a). To get visitation of their grandchild, a grandparent must demonstrate one or more of the following factors:

1. A parent of the child is deceased.
2. The child’s parents are divorced, legally separated, or were never married.
3. A parent of the child has been missing for at no less than 6 months.
4. A court in a different state has ordered grandparent visitation..
5. The child lived with the grandparent for their home for a year or more, but was removed by the parent(s) or custodian.
6. The child and grandparent had a significant existing relationship for a year or more, but this was severed or severely reduced by the parent(s) or custodian, if the removal will cause substantial emotional harm to the child, and if the child was removed for reasons other than abuse or a danger of substantial harm to the child. Id. (a)(1)-(6).

A court may find that a significant existing relationship between the child and grandparent exists if: the child lived with the grandparent for at least six consecutive months; the grandparent was the child’s primary caretaker for at least six consecutive months; or the grandparent had frequent visitation with the child for at least one year. Id. (b)(2)(A)-(C).

When will a court award a grandparent visitation? In considering whether to grant a grandparent visitation rights, a court must first decide if there is a presence of a danger of substantial harm to the child. Id. (b)(1). A court’s finding of substantial harm to the child may be based on the cessation or severe reduction of the relationship between the child and grandparent if: the child had a significant existing relationship with the grandparent where a loss or severe reduction of said relationship would cause severe emotional harm to the child; the grandparent was a primary care giver so that the cessation or severe reduction of their relationship could interrupt the daily needs of the child, causing them physical or emotional harm; or the child had a significant existing relationship with the grand parent and a loss or severe reduction in said relationship creates a danger of substantial or direct harm to the child. Id. (b)(1)(A)-(C).If a court finds a substantial risk of harm to the child, they must then determine if grandparent visitation would be in the best interests of the child. Tenn. Code Ann. §36-6-307. In doing so, the court will consider, but are not limited to, the following factors:(1) The length and quality of the relationship between the child and grandparent, and the role performed by the grandparent;(2) The child’s emotional ties to their grandparent;(3) If the child has sufficient maturity, the preference of the child;(4) The effect of hostility between the parent and grandparent that happened in view of the child, and the willingness of the grandparent to encourage a close relationship between the child and their parent(s) or guardian(s);(5) The good faith of the grandparent;(6) If the parents are divorced or separated, the time-sharing arrangement between the parents;(7) If a parent is deceased or missing, the fact that the grandparents are the parents of the deceased or missing parent;(8) Any unreasonable deprivation of the grandparent’s ability to visit the child by the child’s parent(s) or guardian(s), which includes denying visitation with the child for more than 90 days;(9) Whether the grandparent is seeking to maintain a significant existing relationship with their grandchild;(10) Whether grandparent visitation would interfere with the relationship between parent and child; and(11) A court finding of unfitness of the parent or guardian. Id. (b)(1)(A)- (C)(1)-(11).

How does the court determine the visitation schedule? Finally, if a court determines that grandparent’s visitation is within the best interest of the child, they will award a reasonable visitation schedule. Tenn. Code Ann. §36-6-306 (c). However, the statue does not define what “reasonable” is and does not provide factors for a court to consider in creating their “reasonable” visitation schedule. At minimum, the visitation schedule must allow for enough contact for the grandparent to establish a strong and meaningful relationship with their grandchild. Id. Because parental rights are considered a fundamental liberty interest under the federal constitution’s fourteenth amendment due process clause and under Article I, Section 8 of the Tennessee Constitution, the grandparent’s visitation plan must be narrowly tailored to achieve the state’s objective. Memphis v. Hargett, 414 S.W.3d 88, 102 (Tenn. 2013). As such, the visitation plan must reduce interference with the parent-child relationship, while also awarding the grandparent’s sufficient visitation to avoid substantial harm to the child. Lovlace v. Copley, 417 S.W.3d 1, 31 (Tenn. 2013).If you are interested in knowing your rights as a grandparent, please call us at 888-748-KING (5464) to schedule a consultation with an experienced member of our legal team. You can also request a consultation on our home page. We are here to walk with you step-by-step through this process and help improve the situation for your grandchildren and those you love.