Divorce changes more than the lives of parents and children. In many Chattanooga families, grandparents play an essential role in childcare, from helping with school pickups to providing daily care when parents are working. When a divorce disrupts this balance, grandparents often wonder what rights they have to maintain a relationship with their grandchildren.
In Tennessee, the law recognizes the importance of grandparents, but it places strict limits on when they can step in. Parents’ rights have constitutional priority, meaning grandparents do not automatically gain custody or visitation. Still, under specific laws, grandparents may petition the court for visitation, and in rare situations, custody. This article explains how Tennessee law applies to grandparents in divorce cases, what Chattanooga families should know, and the circumstances in which grandparents may seek legal recognition of their role.
Grandparents’ Rights Under Tennessee Law
The key statute for grandparents in Tennessee is
T.C.A. § 36-6-306. This law sets out the conditions under which a grandparent may petition a court for visitation.
The statute does not grant automatic access; instead, it authorizes court involvement only when certain threshold conditions are met and when denial of contact risks substantial harm to the child.
When Can Grandparents Request Visitation in Tennessee?
A grandparent may file a petition for visitation in Tennessee if one of the following applies:
- One parent has died, is missing, or the parents are divorced, legally separated, or were never married.
- A parent has been missing for at least six months.
- The child has lived with the grandparent for 12 months or more and was then removed, creating a risk of harm if contact is cut off.
- Cessation or severe reduction of an established relationship would likely cause substantial harm to the child.
Tennessee law also explains how a significant relationship can be shown, for example, when the child resided with the grandparent for at least six consecutive months, the grandparent was a full-time caretaker for six months, or the grandparent had frequent visitation for at least one year.
For Chattanooga residents, these petitions are typically filed in Hamilton County Circuit or Chancery Court. Local court information is available at the
Hamilton County Courts website.
Custody vs. Visitation: Key Differences
Many grandparents use “custody” and “visitation” interchangeably, but Tennessee law treats them differently.
- Visitation: Limited, court-ordered time for a grandparent to see a grandchild.
- Custody: Full or partial legal authority to raise the child, including daily care and major decisions.
Grandparents rarely receive custody. Courts presume that children should remain with their parents unless there is proof of unfitness, neglect, or abandonment, and custody cases require clear and convincing evidence. For details on Tennessee’s trial courts, see the
Tennessee Administrative Office of the Courts.
How Chattanooga Courts Evaluate Grandparents’ Requests
Hamilton County courts apply a child-centered analysis. Judges consider whether court-ordered grandparent contact is necessary to protect the child from harm, not simply whether contact would be pleasant or customary.
Some of the factors courts may consider include:
- The strength and stability of the child–grandparent relationship.
- Whether the child lived with the grandparent for an extended period.
- Evidence of likely emotional harm if contact is denied.
- The child’s wishes (when mature enough).
- The history of cooperation or conflict between grandparents and parents.
For official local court information (divisions, clerk contacts, and general guidance), see the
Hamilton County Courts page. For state-level child welfare standards, see the
Tennessee Department of Children’s Services.
Common Myths About Grandparents’ Rights in Tennessee
Myth 1: Grandparents automatically get visitation after divorce.
False. Court involvement is limited to the statutory situations and only when denial of contact risks substantial harm to the child.
Myth 2: Parents cannot block grandparent visits.
Parents’ decisions come first unless a court, applying the statute, finds both the threshold conditions and a risk of substantial harm.
Myth 3: Custody and visitation are the same.
They are different legal remedies, handled by Tennessee’s trial courts, and custody requires a higher proof standard.
Practical Steps for Grandparents in Chattanooga
If a grandparent believes legal action is necessary, the process typically involves:
- Filing a Petition — Petitions are filed in Hamilton County Circuit or Chancery Court. Clerk information is available at the
Hamilton County Circuit Court Clerk’s Office. - Presenting Evidence — Courts require proof of an existing significant relationship and potential substantial harm if contact is denied.
- Mediation or Hearings — Many matters resolve through mediation before a full trial.
- Witnesses and Records — Testimony, school or medical records, photos, and other documents may help show the bond with the child.
Because the law sets strict standards and the evidentiary burden can be substantial, many grandparents consult a
Chattanooga family law attorney before beginning the process.
Frequently Asked Questions (FAQ)
- Can grandparents sue for visitation during a Chattanooga divorce?
Yes, when one of the statute’s situations is present (e.g., parents are divorced or were never married), and the court also finds that denial of contact risks substantial harm and that visitation is in the child’s best interests. - Does Tennessee law give preference to grandparents over other relatives?
Not automatically. Grandparents may have stronger standing if a significant relationship is proven (e.g., six consecutive months of residence, six months as full-time caretaker, or one year of frequent visitation). - How hard is it for grandparents to win custody in Tennessee?
It is difficult. Custody generally requires proof that a parent is unfit or that custody with a parent would not be safe, proven by clear and convincing evidence. - Can parents stop grandparents from seeing grandchildren?
Yes, unless grandparents meet statutory conditions and demonstrate that denial of contact would likely cause substantial harm. - Where do Chattanooga grandparents file?
In Hamilton County, filings and case information run through the local trial courts (Circuit and Chancery) and their clerks.
Disclaimer
This article is provided for informational purposes only and is not intended as legal advice. Reading this page does not create an attorney–client relationship. Laws and court procedures may change, and the outcome of any case depends on its specific facts. For guidance about your situation, consult a licensed family law attorney in Tennessee.