Grandparent’s Rights in Tennessee

Nashville Grandparent Visitation Lawyers

Tennessee law recognizes that grandparents can play a vital role in a child’s life. But grandparents do not automatically have a right to visitation—they must meet specific legal requirements outlined in Tennessee statutes. When disputes arise between parents and grandparents, these cases can become deeply emotional and legally complex.

Freeman & Fuson represents both grandparents seeking visitation and parents responding to grandparent visitation petitions. These cases require careful legal analysis and a strong understanding of Tennessee’s grandparent visitation laws, especially T.C.A. § 36-6-306. We work closely with families to understand the history, relationships, and concerns involved—and to protect the best interests of the child at the center of the case.

Practice Areas 

When Can Grandparents Seek Court-Ordered Visitation?

Under T.C.A. § 36-6-306, grandparents may file a petition for visitation and receive a court hearing if any of the following conditions apply:

1. The parents were never married and one parent is deceased
2. The parents are divorced, legally separated, or were never married
3. A parent has been missing for at least six (6) months
4. Another court in a different state or jurisdiction has already ordered grandparent visitation
5. The child lived with the grandparents for 12 months or longer and was then removed by a parent
6. The grandparent had an established “significant relationship” with the child, visitation was stopped for reasons other than abuse or harm, and lack of visitation would likely cause the child substantial emotional harm

These threshold conditions are only the beginning. Even if one of them applies, the court must conduct a deeper analysis before granting visitation.

Proving “Substantial Harm” — The Critical Requirement

Once a grandparent qualifies for a hearing, the next step is proving that denying visitation is likely to cause substantial harm to the child.

Under T.C.A. § 36-6-306(b), the court looks for evidence such as:

• Severe emotional distress from losing the relationship
• A significant existing bond between the child and grandparent
• Whether the grandparent has served as a primary caregiver or frequent caretaker
• The child’s age, needs, and emotional reliance on the grandparent
• Behavioral changes or regression after visitation stopped

This requirement is strict, and courts do not grant grandparent visitation lightly. The burden of proof falls on the grandparents—not the parents.

Freeman & Fuson helps grandparents build strong, evidence-backed cases, and we also defend parents against petitions that do not meet the legal standards.

Understanding How Courts Evaluate Grandparent Visitation

Grandparent visitation cases are fact-specific.

Courts balance:

• The constitutional rights of parents
• The history and depth of the grandparent–child relationship
• Potential harm (or benefit) to the child
• Past caregiving roles
• The reasons parents restricted or stopped visitation
• The child’s best interests

Even when statutory requirements are met, the court will still examine the best interest factors outlined in Tennessee custody law (T.C.A. § 36-6-106) as part of its analysis.

How Freeman & Fuson Helps in Grandparent Visitation Cases

These cases require careful factual preparation, strong legal analysis, and skilled courtroom advocacy.

Freeman & Fuson assists clients by:

Grandparent visitation cases can be some of the most emotionally charged matters in family law. Freeman & Fuson understands the sensitivities involved and works to protect the child’s well-being while advocating for our clients’ rights.