Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Tennessee — Tenn. Code Ann. §§ 36-6-306, 36-6-307)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under Tenn. Code Ann. § 36-6-306(a), which provides that a petition for grandparent visitation may be filed in the circuit, chancery, or general sessions court with domestic relations jurisdiction, in other courts with domestic relations jurisdiction, or in juvenile court in matters involving children born out of wedlock, of the county in which the petitioned child currently resides.

2.2 UCCJEA home state. Tennessee is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. §§ 36-6-201 et seq., because:

☐ The child has lived in Tennessee with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Tennessee was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child currently resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY CIRCUMSTANCE (STEP 1) — § 36-6-306(a)

3.1 Opposition requirement. Grandparent visitation is opposed by the custodial parent(s) or custodian, or has been severely reduced by the custodial parent(s) or custodian, necessitating a hearing. Describe:

[____________________________________________________________]

3.2 Statutory circumstance. Petitioner has standing because at least one of the following circumstances under § 36-6-306(a) exists (check all that apply):

☐ (a)(1) The father or mother of the unmarried minor child is deceased.

☐ (a)(2) The child's father and mother are divorced, legally separated, or were never married to each other.

☐ (a)(3) The child's father or mother has been missing for not less than six (6) months.

☐ (a)(4) The court of another state has ordered grandparent visitation.

☐ (a)(5) The child resided in the home of Petitioner for twelve (12) months or more and was subsequently removed from the home by the parent(s) or custodian. (This relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child.)

☐ (a)(6) The child and Petitioner maintained a significant existing relationship for twelve (12) months or more immediately preceding severance or severe reduction of the relationship; the relationship was severed or severely reduced by the parent(s) or custodian for reasons other than abuse or the presence of a danger of substantial harm to the child; and severance or severe reduction is likely to occasion substantial emotional harm to the child.

3.3 Supporting facts for the circumstance(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS — SUBSTANTIAL HARM (STEP 2) — § 36-6-306(b)

4.1 History of the relationship. Petitioner has had the following relationship with the minor child:

[____________________________________________________________]

4.2 Significant existing relationship — § 36-6-306(b)(2). A "significant existing relationship" is established because one or more of the following is true (check all that apply):

☐ (b)(2)(A) The child resided with Petitioner for at least six (6) consecutive months.

☐ (b)(2)(B) Petitioner was a full-time caretaker of the child for at least six (6) consecutive months.

☐ (b)(2)(C) Petitioner had frequent visitation with the child for at least one (1) year.

4.3 Danger of substantial harm — § 36-6-306(b)(1). The cessation or severe reduction of the relationship between the child and Petitioner presents a danger of substantial harm to the child because one or more of the following is true (check all that apply):

☐ (b)(1)(A) The child had such a significant existing relationship with Petitioner that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child.

☐ (b)(1)(B) Petitioner functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm.

☐ (b)(1)(C) The child had a significant existing relationship with Petitioner and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child.

4.4 Rebuttable presumption of substantial harm — § 36-6-306(b)(4).

☐ The child's parent (Petitioner's own child) is deceased, and Petitioner is the parent of that deceased parent. Accordingly, there is a rebuttable presumption of substantial harm to the child based upon the cessation or severe reduction of the relationship between the child and Petitioner.

4.5 Facts establishing the danger of substantial harm:

[____________________________________________________________]

V. CONSTITUTIONAL STANDARD

5.1 Special weight to a fit parent's decision (Troxel / Hawk). Petitioner acknowledges that parents have a fundamental constitutional right under the United States and Tennessee Constitutions to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993).

5.2 Order of analysis. Petitioner acknowledges that the Court must first determine the presence of a danger of substantial harm to the child under § 36-6-306(b), and only upon such an initial finding may the Court proceed to determine whether grandparent visitation is in the best interests of the child under § 36-6-307. § 36-6-306(c).

VI. BEST INTEREST OF THE CHILD (STEP 3) — § 36-6-307

6.1 Upon an initial finding of a danger of substantial harm, the Court shall consider all pertinent matters in determining the child's best interest, including but not limited to the following § 36-6-307 factors. Petitioner alleges:

☐ (1) The length and quality of the prior relationship between the child and Petitioner and the role performed by Petitioner: [____________]

☐ (2) The existing emotional ties of the child to Petitioner: [____________]

☐ (3) The preference of the child, if of sufficient maturity to express a preference: [____________]

☐ (4) The effect of hostility between Petitioner and the parent of the child manifested before the child, and Petitioner's willingness (except in cases of abuse) to encourage a close relationship between the child and the parent(s) or guardian(s): [____________]

☐ (5) The good faith of Petitioner in filing this Petition: [____________]

☐ (6) If the parents are divorced or separated, the time-sharing arrangement between the parents: [____________]

☐ (7) If one parent is deceased or missing, the fact that Petitioner is the parent of the deceased or missing person: [____________]

☐ (8) Any unreasonable deprivation of Petitioner's opportunity to visit with the child, including denying visitation for a period exceeding ninety (90) days: [____________]

☐ (9) Whether Petitioner is seeking to maintain a significant existing relationship with the child: [____________]

☐ (10) Whether awarding grandparent visitation would interfere with the parent-child relationship: [____________]

☐ (11) Any court finding that the child's parent or guardian is unfit: [____________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Set this matter for hearing as required by Tenn. Code Ann. § 36-6-306(a);

B. Find that Petitioner has standing under § 36-6-306(a) and that grandparent visitation is opposed or has been severely reduced;

C. Make an initial finding, under § 36-6-306(b), of a danger of substantial harm to the child from the cessation or severe reduction of the relationship between the child and Petitioner;

D. Find, under § 36-6-307, that reasonable grandparent visitation is in the best interests of the child;

E. Enter an order awarding Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

F. Award costs of this action; and

G. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF TENNESSEE )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Tenn. BPR No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed concerning the above-named minor child. You are required to file a written answer or other response with the Clerk of this Court within thirty (30) days after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, judgment by default may be entered against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Tenn. Code Ann. § 36-6-306 — Grandparents' visitation rights: proper courts and opposition requirement (a); six standing circumstances (a)(1)–(6); danger-of-substantial-harm determination (b)(1)(A)–(C); "significant existing relationship" definitions (b)(2)(A)–(C); no expert proof required (b)(3); rebuttable presumption of substantial harm where the grandparent's child is deceased (b)(4); order of analysis — substantial harm before best interests (c).
• Tenn. Code Ann. § 36-6-307 — Determination of best interests of child for grandparent visitation: eleven factors (1)–(11).
• Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993) — courts may not interfere with a fit parent's visitation decision absent a showing of substantial harm to the child (constitutional foundation of the harm requirement).
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision regarding visitation is entitled to special weight.
• Tenn. Code Ann. §§ 36-6-201 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act; § 36-6-224 (affidavit).

This Petition is a preparation aid only. Tennessee grandparent visitation follows a strict three-step analysis: statutory standing plus parental opposition (§ 36-6-306(a)), an initial finding of a danger of substantial harm (§ 36-6-306(b), grounded in Hawk v. Hawk), and only then the best-interest factors (§ 36-6-307). Consult a licensed Tennessee family law attorney before filing.