Tennessee Code Annotated

Tenn. Code Ann. § 36-6-302 (2026)

Grandparents' visitation rights upon child's removal or placement in home or facility

✓ current as of May 2026

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(a)
- (1)
  - (A) If a child is removed from the custody of the child's parents, guardian or legal custodian; and
  - (B) If a child is placed in a licensed foster home, a facility operated by a licensed child care agency, or other home or facility designated or operated by the court, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise;
- (2) Then, the grandparents of such child may be granted reasonable visitation rights to the child during such child's minority by the court of competent jurisdiction upon a finding that:
  - (A) Such visitation rights would be in the best interest of the minor child;
  - (B) The grandparents would adequately protect the child from further abuse or intimidation by the perpetrator or any other family member;
  - (C) The grandparents were not implicated in the commission of any alleged act against such child or of their own children that under the law in effect prior to November 1, 1989, would constitute the criminal offense of:
    - (i) Aggravated rape under § 39-2-603 [repealed];
    - (ii) Rape under § 39-2-604 [repealed];
    - (iii) Aggravated sexual battery under § 39-2-606 [repealed];
    - (iv) Sexual battery under § 39-2-607 [repealed];
    - (v) Assault with intent to commit rape or attempt to commit rape or sexual battery under § 39-2-608 [repealed];
    - (vi) Crimes against nature under § 39-2-612 [repealed];
    - (vii) Incest under § 39-4-306 [repealed];
    - (viii) Begetting child on wife's sister under § 39-4-307 [repealed];
    - (ix) Use of minor of obscene purposes under § 39-6-1137 [repealed]; or
    - (x) Promotion of performance including sexual conduct by minor under § 39-6-1138 [repealed]; and
  - (D) The grandparents are not implicated in the commission of any alleged act against such child or of their own children that under the law in effect on or after November 1, 1989, would constitute the criminal offense of:
    - (i) Aggravated rape under § 39-13-502;
    - (ii) Rape under § 39-13-503;
    - (iii) Aggravated sexual battery under § 39-13-504;
    - (iv) Sexual battery under § 39-13-505;
    - (v) Criminal attempt for any of the offenses in subdivisions (a)(2)(D)(i)-(a)(2)(D)(iv) as provided in § 39-12-101;
    - (vi) Incest under § 39-15-302;
    - (vii) Sexual exploitation of a minor under § 39-17-1003;
    - (viii) Aggravated sexual exploitation of a minor under § 39-17-1004; or
    - (ix) Especially aggravated sexual exploitation of a minor under § 39-17-1005.

(b) This section shall not apply in any case in which the child has been adopted by any person other than a stepparent or other relative of the child.

Acts 1971, ch. 74, §§ 1, 2; 1975, ch. 330, § 1; T.C.A., §§ 36-1101, 36-1102; Acts 1985, ch. 341, § 1; 1985, ch. 478, § 22; 1995, ch. 428, § 3; T.C.A. § 36-6-301; Acts 1997 , ch. 503, § 1; 2000, ch. 981, § 51.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1996–2025 · leading case: Smallwood v. Mann, 205 S.W.3d 358 (Tenn. 2006).

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Smallwood v. Mann, 205 S.W.3d 358 (Tenn. 2006). · cites it 4× “Tenn.Code Ann. § 36-6-302 (2001 & 2005). 7 .”

Marvin Seibers v. Carol Latimer (Tenn. Ct. App. 2018). · cites it 32× “See Tenn. Code Ann. § 36-6-302 (a). Although the Children have been adopted, they were not adopted by a person outside of the family, which would prevent application of the statute.”

Jennifer Skerrett v. The Ass'n for Guidance (Tenn. Ct. App. 2003). · cites it 8× “Tenn. Code Ann. § 36-6-302 (a)(2) (2001).”

Sandy Green v. Virginia Evans (Tenn. Ct. App. 2012). · cites it 4× “Evans is not a “parent,” she is entitled to grandparent visitation under a straight “best interests” analysis pursuant to Tenn. Code Ann. § 36-6-302 , which governs grandparent visitation for a child who has been removed from the “child’s parents, guardian or legal custodian.”

Linda Smallwood v. Jessica Mann (Tenn. 2006). · cites it 4× “Tenn. Code Ann. § 36-6-302 (2001 & 2005).”

Johnny Glenn Hilliard v. Misty Lynn Hilliard & Terry Minton - Concurring (Tenn. Ct. App. 1997). · cites it 4× “The court noted however, that the court has not declared T.C.A. § 36-6-302 to be unconstitutional, therefore trial courts may still issue and enforce grandparent visitation orders under appropriate circumstances.”

Gary W. Baker v. Joseph Smith & Deborah Smith, In the Matter of: T.M.S., A Child Under 18 Years of Age (Tenn. Ct. App. 2005). · cites it 2× “See Tenn. Code Ann. § 36-6-302 , -306 (2003); Simmons v.”

In Re: Camryne B. (Tenn. Ct. App. 2014). · cites it 2× “In May 2013, Grandparents filed a petition for grandparent and sibling visitation pursuant to Tenn. Code Ann. §§ 36-6-302 and 36-6-306.”

Patrick Richard Moorcroft v. Flora Templeton Stuart v. Natalie Talmage Moorcroft (Tenn. Ct. App. 2015). · cites it 2× “Part 3 of Title 36, Chapter 6 of the Tennessee Code Annotated, which the TUCCJEA definition of “child custody proceeding” seemingly references, contains provisions governing grandparent rights, Tenn.”

Jerrell McVay & Cynthia Marie McVay, State of Tennessee Intervenor v. Sharon Blen, Custodial Parent of Lauren Nicole McVay, a minor (Tenn. Ct. App. 1996). · cites it 3× “Tenn. Code Ann. § 36-6-302 (1996).1 The constitutionality of the Act was addressed by the Tennessee Supreme Court in Hawk v.”

Roger Judd v. Kaylee Powell (2025). “” Tenn. Code Ann. § 36-6-302 (b). Thus, the statute clearly provides recourse to grandparents only when the grandchildren are adopted by a relative or stepparent.”

Linda Smallwood v. Jessica Mann (Tenn. Ct. App. 2005). “Visitation rights of grandparents are governed by sections 36-6-302, -306 and -307 of the Tennessee Code.”

Show all 14 citing cases →

— Tenn. Code Ann. § 36-6-302(a) — 1 case

Johnny Glenn Hilliard v. Misty Lynn Hilliard & Terry Minton - Concurring (Tenn. Ct. App. 1997). “The court noted however, that the court has not declared T.C.A. § 36-6-302 to be unconstitutional, therefore trial courts may still issue and enforce grandparent visitation orders under appropriate circumstances.”

— Tenn. Code Ann. § 36-6-302(b) — 1 case

Marvin Seibers v. Carol Latimer (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 36-6-302 (a). Although the Children have been adopted, they were not adopted by a person outside of the family, which would prevent application of the statute.”

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