After making an award of custody, the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the noncustodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the noncustodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. The court may not order the department of children's services to provide supervision of visitation pursuant to this section except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue.
Acts 1995, ch. 428, § 3; 1996, ch. 1079, § 71; 1998, ch. 1050, § 1.
Notes of Decisions
Cited in
79
cases (
10 in the last 5 years), 1988–2026 · leading case:
Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993).
Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993).
· cites it 14× “We granted review in this case primarily to decide the constitutionality of T.C.A. § 36-6-301 (1985), the Grandparents’ Visitation Act, as it applies to the decision of these married parents to deny the paternal grandparents visitation with their grandchildren.”
Smallwood v. Mann, 205 S.W.3d 358 (Tenn. 2006).
· cites it 16× “” Tenn.Code Ann. § 36-6-301. Even though the grandparents’ visitation was included in an order for the father’s visitation and conditioned upon the father’s inability to exercise his visitation, the juvenile court, in essence, granted visitation rights to the grandparents.”
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005).
· cites it 4× “253 (2003) [hereinafter Taxonomy of Children's Rights ], it is not an accurate description of the law in Tennessee, Tenn.Code Ann. § 36-6-301 (2001) ("After making an award of custody, the court shall, upon request of the non-custodial parent, grant such rights of visitation as…”
Simmons v. Simmons, 900 S.W.2d 682 (Tenn. 1995).
· cites it 6× “Subsequently, upon respondents’ petition, they were granted visitation privileges pursuant to Tenn.Code Ann. § 36-6-301 (1991), and, in the same proceeding, upon the appellant’s petition, the court terminated the natural father’s parental rights on the ground of abandonment.”
Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996).
· cites it 4× “[4] The visitation issue in the initial proceedings is controlled by Tenn. Code Ann. § 36-6-301 , which provides, in part, as follows: After making an award of custody, the court shall, upon request of the non-custodial parent, grant such rights of visitation as will enable the…”
Wilson v. Wilson, 987 S.W.2d 555 (Tenn. Ct. App. 1998).
· cites it 4× “See Tenn.Code Ann. § 36-6-301. See also Rogero v.”
Whitaker v. Whitaker, 957 S.W.2d 834 (Tenn. Ct. App. 1997).
· cites it 2× “” T.C.A. § 36-6-301 (1996) provides in part: 36-6-301.”
Lee v. Lee, 66 S.W.3d 837 (Tenn. Ct. App. 2001).
· cites it 4× “T.C.A. § 36-6-301 provides in pertinent part: After making an award of custody, the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the non-custodial parent to maintain a parent-child relationship .”
Ellison v. Ellison, 994 S.W.2d 623 (Tenn. Ct. App. 1998).
· cites it 8× “1993), our Supreme Court considered a constitutional challenge to T.C.A. § 36-6-301, a predecessor to the present grandparent visitation statute, that provided for “reasonable visitation” with grandparents if it is “in the best interests of the minor child.”
Helson v. Cyrus, 989 S.W.2d 704 (Tenn. Ct. App. 1998).
· cites it 4× “See Tenn.Code Ann. § 36-6-301 (Acts 1995, ch.”
— Tenn. Code Ann. § 36-6-301(c)(2)(D) — 1 case
Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993).
“We granted review in this case primarily to decide the constitutionality of T.C.A. § 36-6-301 (1985), the Grandparents’ Visitation Act, as it applies to the decision of these married parents to deny the paternal grandparents visitation with their grandchildren.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.