• Tennessee law allows grandparents to seek visitation or custody of their grandchildren.grandpa's little girl image by Renata Osinska from Fotolia.com
  
  Grandparent rights are a hotly debated subject in courts all over the United States. Although most states have passed laws favoring parents over grandparents, many still have allowances for visitation and custody. In Tennessee, there are specific statutes in sections 36-6-306 and 36-6-307 giving the court the option to grant visitation to grandparents.
  
  

Circumstances Requiring a Hearing for Grandparent Visitation

• In Tennessee, if grandparents request visitation and your grandchild’s parents disagree with you, a hearing may be granted if any of the following circumstances apply:
  
  1. One of your grandchild’s parents is deceased.
  
  2. Your grandchild’s parents are divorced, legally separated or were never married.
  
  3. One of your grandchild’s parents has been missing for six months or longer.
  
  4. A court from another state ordered grandparent visitation for your grandchild.
  
  5. Your grandchild lived with you for 12 months or longer and the child’s parents removed her from your home.
  
  6. You have had a significant relationship with your grandchild for 12 months or longer.
  
  

Court Determination of Significant Relationship

• In determining whether or not you have a “significant” relationship with your grandchild, you must prove to the court one of the following:
  
  1. Your grandchild lived with you for six months or longer.
  
  2. You were your grandchild’s full-time caretaker for six months or longer.
  
  3. You had frequent visits with your grandchild for one year or longer.
  
  

How the Court Decides the Best Interests of the Child

• When the court considers whether to grant visitation, it must consider the “best interests of the child”. To decide whether visitation is in your grandchild’s best interest, the court must consider all of the following:
  
  1. The length and quality of your relationship with your grandchild.
  
  2. The existing emotional ties between you and your grandchild.
  
  3. The child’s preference (if he is mature enough to express them).
  
  4. Any hostility between you and your grandchild’s parents and whether you will encourage the relationship between your grandchild and her parents.
  
  5. Whether you are filing your petition in “good faith” (good intentions).
  
  6. Any current time-sharing arrangements for your grandchild.
  
  7. If one of your grandchild’s parents is missing, whether or not you are the parent of your grandchild’s missing parent.
  
  

Visitation vs. Custody

• If you are filing for visitation, the court will consider all factors and make a decision regarding whether or not to grant visitation, including days and times. If you wish to seek custody of your grandchild, the court will consider the same factors but you must file a different set of paperwork and the burden of proof is more difficult. While it could be easier to get visitation orders, both visitation and custody petitions may be very complex and require the assistance of an experienced attorney.