Grandparents Rights in Tennessee: Visitation, Custody, and Adoption

Grandparents’ rights in Tennessee are limited but real: there is no automatic right to see or care for a grandchild, but state law gives grandparents a path to petition a court for visitation when specific conditions apply, and separate paths exist to seek custody or guardianship when a child’s parents cannot provide adequate care. The governing statute for visitation, Tennessee Code Annotated 36-6-306, sets out six qualifying circumstances and then a two-step test: the grandparent must show that denying contact would substantially harm the child, and that visitation would serve the child’s best interests. Courts treat a fit parent’s decisions as constitutionally protected, so the bar is genuinely high.¹

When You Can Petition for Visitation

Before a Tennessee court will hold a hearing on grandparent visitation, at least one of six circumstances under TCA 36-6-306(a) must apply:

A parent of the child has died.
The parents are divorced, legally separated, or were never married to each other.
A parent has been missing for at least six months.
A court in another state has already granted the grandparent visitation.
The child lived in the grandparent’s home for at least twelve consecutive months and was then removed by a parent or custodian. This circumstance creates a rebuttable presumption that denying visitation would cause irreparable harm.
The grandparent and child had a significant relationship for at least twelve months immediately before a parent severed or drastically reduced contact, the cutoff was not because of abuse or a danger of substantial harm to the child, and losing the relationship is likely to cause the child severe emotional harm.

Parental incarceration is not on that list. If one parent is in prison but the other parent is alive and present, that alone does not open the door. And none of the six circumstances typically arises when both parents are married and living together. The Tennessee Supreme Court held in Hawk v. Hawk that the state cannot override the decisions of married, fit parents about grandparent access absent evidence of harm to the child.

The statute defines “grandparent” more broadly than many people expect. It covers biological grandparents, the spouse of a biological grandparent, a parent of an adoptive parent, and biological or adoptive great-grandparents or their spouses.¹

Proving Substantial Harm

Meeting one of the six circumstances only earns a hearing. At that hearing the grandparent carries the burden of proving that cutting off contact would create a danger of substantial harm to the child. This is where most petitions succeed or fail. Courts take the standard seriously because the U.S. Supreme Court in Troxel v. Granville confirmed that parents have a fundamental constitutional right to make decisions about their children’s upbringing.²

TCA 36-6-306(b)(1) recognizes three ways to establish substantial harm. The first is severe emotional harm: the child had such a significant existing relationship with the grandparent that losing it, or having it drastically reduced, is likely to cause severe emotional harm. The second is disruption of daily caregiving: the grandparent functioned as a primary caregiver, and cutting off contact would interrupt the child’s daily needs in a way that causes physical or emotional harm. The third covers other direct and substantial harm arising from the loss of a significant relationship.

What counts as a “significant existing relationship” is defined in the statute. A grandparent meets that threshold if the child lived with them for at least six consecutive months, if the grandparent served as a full-time caretaker for at least six consecutive months, or if the grandparent had frequent visitation with the child for at least one year.¹

Two situations shift the burden in the grandparent’s favor. If the child lived in the grandparent’s home for twelve months or more before being removed by a parent, the court presumes that denying visitation would cause irreparable harm. And when the grandparent’s own child (a parent of the grandchild) has died, the court presumes that cutting off contact would cause substantial harm. A parent can try to rebut either presumption, but the grandparent starts the case with the wind at their back.

Expert testimony is not required. The statute directs courts to apply a reasonable-person standard when deciding whether the relationship was significant and whether losing it would cause severe emotional harm. Testimony from a child psychologist or family therapist can strengthen a borderline case, but it is an option, not a prerequisite.¹

The Best-Interests Analysis

If the court finds a danger of substantial harm, it moves to a second question: whether granting visitation would actually serve the child’s best interests. The factors are drawn from TCA 36-6-307, and this is where the family’s full picture matters.

Judges look at the nature and quality of the prior relationship, including how often the grandparent and child interacted and whether the grandparent played a caregiving role. Helpful evidence includes school records showing the grandparent attended events, medical records showing the grandparent brought the child to appointments, and testimony from teachers or counselors who saw the bond directly. Courts also weigh the motivations of everyone involved. A grandparent who appears to be seeking visitation to control or punish the parent is unlikely to succeed.

If the child is twelve or older, the court considers the child’s own preference. A judge may also hear from a younger child, but the preferences of older children carry more weight.³ When a parent raises safety concerns such as substance use or a domestic violence history, the court may order supervised visitation through a neutral third party or a visitation center rather than deny the petition outright.

If visitation is granted, the statute requires that it be reasonable and sufficient to maintain a strong relationship. Courts have discretion to build a schedule around the family’s circumstances, and that can include video calls or other electronic contact when distance or health makes in-person visits impractical.

Filing the Petition and What Comes Next

A grandparent files in the county where the child currently lives. The statute allows filing in circuit court, chancery court, general sessions court with domestic relations jurisdiction, or juvenile court for children born to unmarried parents.¹ Filing fees vary by county; the clerk’s office in the county of filing can give you the exact figure.

The petition should identify which qualifying circumstance under TCA 36-6-306(a) applies, describe the grandparent’s relationship with the child, and lay out the facts supporting the claim that denying visitation would substantially harm the child. Photographs, records of caregiving, and written statements from people who observed the relationship strengthen the initial filing.

Once the petition is filed, the custodial parent or guardian must be formally served with a copy and a summons, usually by a sheriff’s deputy or private process server. If the parent cannot be located after reasonable efforts, the court may allow service by publication. The parent has thirty days to file a response.⁴

If the parent contests the petition, the court may order mediation before a full hearing. A trained neutral mediator works with both sides to reach an agreement; if one is reached, it becomes a court order. If not, the case moves to a contested hearing where the grandparent presents evidence first, since the burden falls on them, followed by the parent’s response. The court then makes findings on both substantial harm and best interests. From filing to a final decision, the process can take several months.

One recent change affects the financial stakes. A 2025 amendment added subsection (g) to TCA 36-6-306, allowing the court to award reasonable attorney’s fees and litigation expenses to either party. Before the amendment, neither side could recover legal costs from the other. A grandparent who wins may now recoup some legal expenses; a grandparent who loses a weak petition may be ordered to pay the parent’s fees. Evaluating the strength of your case before filing has become more important than ever.

Modifying or Enforcing an Order

Tennessee allows modification of an existing visitation arrangement when there has been a material change in circumstances affecting the child’s best interests. TCA 36-6-101(a)(2)(C) reads the term broadly, including significant shifts in the child’s needs as they grow, major changes in a parent’s or grandparent’s living situation, and failure to follow the existing plan.⁵ Common triggers include a grandparent’s health problems, or a family relocation that makes the current schedule impractical (in which case a court might reduce frequency while extending each visit). The party seeking modification must prove the material change by a preponderance of the evidence, a lower bar than the original petition.

A court-ordered visitation schedule is legally binding on the parent. If the parent refuses to comply, the grandparent can file a petition for contempt in the court that issued the order. Tennessee’s contempt statute covers willful disobedience of any court order.⁶ Civil contempt is designed to force compliance and the parent can end it by complying. Criminal contempt punishes past violations and can result in a fine of up to $50 and up to ten days in jail per violation.⁷ For ongoing civil contempt, the court can impose imprisonment until the parent complies.⁸ Courts also have discretion to order make-up visitation time, require compliance reports, or appoint a neutral third party to oversee exchanges.

How Adoption Changes Things

Adoption reshapes the picture entirely. Under TCA 36-1-121(f), a final adoption order cannot require the adoptive parent to allow visitation by anyone, and it cannot place conditions on the adoption.⁹ If a child is adopted by someone other than a stepparent or relative, any previously granted grandparent visitation rights are terminated.

Stepparent and relative adoptions are treated somewhat differently. When a stepparent adopts a child, a grandparent on the deceased or absent parent’s side may still have grounds to petition under TCA 36-6-306, particularly the provision covering a deceased parent. Post-adoption contact agreements are permitted under TCA 36-1-145, but these are voluntary arrangements between the parties and cannot be imposed by the court as part of the adoption order. If a grandchild is heading toward adoption, acting before it is finalized is critical.

Custody and Guardianship as Alternatives

Visitation is not the only path. When a grandparent believes the child’s parents cannot provide adequate care, custody or guardianship may fit better.

Guardianship in Tennessee is available when both parents agree. If a parent acknowledges they cannot care for the child temporarily, the grandparent can pursue guardianship, which carries legal authority over schooling, medical care, and daily needs. The catch: guardianship depends on parental consent and can be revoked by the parent at any time. It works best in cooperative situations where the parent needs temporary help.

Custody is a heavier lift. To take custody over a parent’s objection, a grandparent must file a petition in juvenile court alleging abuse or neglect and prove those allegations by clear and convincing evidence. That is a significantly higher standard than the visitation process. The grandparent must show specific acts of abuse or neglect and demonstrate readiness to raise the child for the foreseeable future. Courts are reluctant to remove children from their parents, so this path requires strong, concrete evidence that the child is in danger.

For grandparents already serving as primary caregivers, financial support may be available. Temporary Assistance for Needy Families (TANF) provides monthly payments to qualifying low-income families caring for children. In some circumstances, a grandchild living with a grandparent may also qualify for Social Security benefits based on the grandparent’s work record.¹⁰ Both programs have specific eligibility rules, and contacting the relevant agency directly is the surest way to find out whether you qualify.

1
Justia. Tennessee Code 36-6-306 – Grandparents’ Visitation Rights
2
Justia. Troxel v. Granville, 530 U.S. 57 (2000)
3
Justia. Tennessee Code 36-6-106 – Child Custody
4
Tennessee Administrative Office of the Courts. Tennessee Rules of Civil Procedure Rule 12.01 – When Presented
5
Justia. Tennessee Code 36-6-101 – Decree for Custody and Support of Child
6
Justia. Tennessee Code 29-9-102 – Scope of Power
7
Justia. Tennessee Code 29-9-103 – Punishment
8
Justia. Tennessee Code 29-9-104 – Omission to Perform Act
9
Justia. Tennessee Code 36-1-121 – Effect of Adoption
10
Social Security Administration. Benefits for Children