I got a call last month from a grandmother in her seventies. Her voice broke twice while she was explaining the situation.

Her son had died. Her daughter-in-law had remarried. The new husband did not want the grandmother around. And now she had not seen her grandchildren in fourteen months.

“Do I have any rights at all?”

The answer was: yes, potentially. But I had to be honest with her about how hard these cases can be.

Grandparents call me sometimes. Not as often as parents do, but they call. And when they do, they are usually hurting in a way that is different from what I see in most divorce cases. The love is the same. The helplessness is worse.

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The Constitutional Baseline

Parents have a constitutionally protected right to make decisions about their children, including who those children spend time with. The Supreme Court made that clear in Troxel v. Granville. That means any grandparent visitation statute has to give significant weight to a fit parent’s decision to limit or deny grandparent access.

Tennessee’s law is designed to operate within that framework. It does not give grandparents an automatic right to visitation. It gives them a path to ask for it under specific circumstances.

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When Tennessee Law Allows Grandparents to Petition

Under T.C.A. § 36-6-306, a grandparent can petition for visitation in limited circumstances: when the child’s parent is deceased, when the parents are divorced or separated, when the child lived with the grandparent for twelve months or more, when the grandparent is unreasonably denied visitation for ninety days or more, or when the child was born outside of marriage and paternity has been established.

The court then conducts a two-step analysis. First: has the cessation of the grandparent relationship caused or is likely to cause substantial harm to the child? Second: if so, is visitation in the child’s best interest?

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What Grandparents Need to Show

Substantial harm is a real standard. Courts in Memphis are not going to override a fit parent’s decision just because grandparents miss their grandchildren. The relationship has to have been significant and its loss has to have a demonstrable effect on the child.

Evidence matters here. How long and how frequently did the grandparent have contact with the child? What was the nature of the relationship? What has the child’s behavior been since contact ended?

I have successfully brought these cases. But I am always honest at the front end about what they require.

Lawyer Bill’s Advice

Grandparent visitation cases are winnable. They are not easy.

The law protects parental rights. Courts start from a position of deference to fit parents.

If you had a genuine, meaningful relationship with your grandchild and it has been severed, you have a potential case.

Get a family law attorney who has handled these before.

And bring the documentation.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.