Tennessee Code Annotated

Tenn. Code Ann. § 36-6-307 (2026)

Determination of best interests of child for grandparent visitations

✓ current as of May 2026

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In determining the best interests of the child under § 36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:

(1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;

(2) The existing emotional ties of the child to the grandparent;

(3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;

(4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;

(5) The good faith of the grandparent in filing the petition;

(6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child;

(7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person;

(8) Any unreasonable deprivation of the grandparent's opportunity to visit with the child by the child's parents or guardian, including denying visitation of the minor child to the grandparent for a period exceeding ninety (90) days;

(9) Whether the grandparent is seeking to maintain a significant existing relationship with the child;

(10) Whether awarding grandparent visitation would interfere with the parent-child relationship; and

(11) Any court finding that the child's parent or guardian is unfit.

Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2; 2011, ch. 500, § 1.

Notes of Decisions

Cited in 48 cases (6 in the last 5 years), 1998–2024 · leading case: Neal Lovlace v. Timothy Kevin Copley, 418 S.W.3d 1 (Tenn. 2013).

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Neal Lovlace v. Timothy Kevin Copley, 418 S.W.3d 1 (Tenn. 2013). · cites it 7× “The burden of proof is upon the party seeking modification or termination to demonstrate, by a preponderance of the evidence, that a material change in circumstances has occurred which makes the requested modification or termination of grandparent visitation in the child’s best…”

In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). · cites it 4× “§ 36-6-108(c) (2001) (parental relocation); Tenn.Code Ann. § 36-6-307 (2001) (grandparent visitation); Tenn.”

In Re Marr, 194 S.W.3d 490 (Tenn. Ct. App. 2005). · cites it 4× “§ 36-6-108(c) (2005) (parental relocation); Tenn.Code Ann. § 36-6-307 (2005) (grandparent visitation); Tenn.”

White v. Moody, 171 S.W.3d 187 (Tenn. Ct. App. 2004). · cites it 2× “§ 36-6-108(c) (2001) (parental relocation); Tenn.Code Ann. § 36-6-307 (2001) (grandparent visitation); Tenn.”

Manning v. Manning, 474 S.W.3d 252 (Tenn. Ct. App. 2015). · cites it 4× “Finally, the trial court, expressly considering the factors outlined in Tennessee Code Annotated Section 36-6-307, found that continued visitation with Grandparents was in the child’s best interests.”

McGarity v. Jerrolds, 429 S.W.3d 562 (Tenn. 2013). · cites it 3× “Third, if the court finds that there is danger of substantial harm if the child does not have visitation with the grandparent, it must decide whether the visitation would be in the child’s best interest based on seven factors under Tenn.Code Ann. § 36-6-307. Id. (footnotes…”

In Re Sidney J., 313 S.W.3d 772 (Tenn. 2010). · cites it 3× “The trial court stated that it considered the factors set forth in Tennessee Code Annotated section 36-6-307 (2005) for determining the best interests of the child.”

Rose Coleman v. Bryan Olson, 551 S.W.3d 686 (Tenn. 2018). “(c) Upon an initial finding of danger of substantial harm to the child, the court shall then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307. Upon such determination, reasonable visitation may be ordered.”

Blixt v. Blixt, 774 N.E.2d 1052 (Mass. 2002). “2002); Tenn. Code Ann. § 36-6-307 (LexisNexis 2001); Vt.”

Smallwood v. Mann, 205 S.W.3d 358 (Tenn. 2006). “(c) Upon an initial finding of danger of substantial harm to the child, the court shall then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307. Upon such determination, reasonable visitation may be ordered.”

Ellison v. Ellison, 994 S.W.2d 623 (Tenn. Ct. App. 1998). · cites it 2× “The factors referred to above in T.C.A. § 36-6-307(d)(2) are: *624 (2) In determining the best interests of the child under this section, the court shall consider a number of factors, including but not limited to the following: (A) The length and quality of the prior…”

In Re the Adoption of D.P.M., 90 S.W.3d 263 (Tenn. Ct. App. 2002). “§ 36-6-307. An Intervening Petition for Adoption was filed later by B.”

Show all 48 citing cases →

— Tenn. Code Ann. § 36-6-307(a) — 1 case

Joseph Stephenson v. Keith West (Tenn. Ct. App. 2000).

— Tenn. Code Ann. § 36-6-307(d)(2) — 6 cases

Ellison v. Ellison, 994 S.W.2d 623 (Tenn. Ct. App. 1998). “The factors referred to above in T.C.A. § 36-6-307(d)(2) are: *624 (2) In determining the best interests of the child under this section, the court shall consider a number of factors, including but not limited to the following: (A) The length and quality of the prior…”

Regenia Ellison v. Cherri Ellison (Tenn. Ct. App. 1998).

Alice Hale v. Wayne Culpepper (Tenn. Ct. App. 2003).

Tip & Barbara Terry v. Scott Botts (Tenn. Ct. App. 2001).

Joseph Stephenson v. Keith West (Tenn. Ct. App. 2000).

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.