Tennessee House Bill HB2911

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/5/24
• Refer: 3/12/24
• Refer: 3/20/24
• Chaptered: 4/17/24
• Passed: 4/17/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 36, relative to grandparent visitation.

Impact

The proposed changes will have a significant impact on family law in Tennessee, particularly in how courts address visitation rights and make determinations regarding the welfare of children. By emphasizing the requirement of a finding of substantial harm, the bill aims to balance the right of grandparents to maintain connections with their grandchildren against the necessity to protect children from potential risks. This modification could lead to more structured and standardized handling of grandparent visitation cases across the state.

Summary

House Bill 2911 aims to amend Tennessee's existing statutes on grandparent visitation rights by providing clearer guidelines for determining when such visitation is appropriate. Specifically, the bill establishes that a court must evaluate the best interests of the child in cases of substantial risk of harm before granting visitation rights to grandparents. This framework is designed to ensure that grandparent visitation supports a child's welfare and maintains meaningful relationships without endangering the child's safety.

Sentiment

The sentiment surrounding HB 2911 seems largely supportive, with a recognition of the need for reform in grandparent visitation laws. Many advocates see the need for clearer statutes that prioritize children's safety while also allowing for family connections. However, there may be concerns from some factions about sufficient protections for grandparent rights, which could lead to discussions about whether the new stipulations provide enough access for grandparents in various situations.

Contention

Some notable points of contention may arise regarding the interpretation of what constitutes 'substantial harm' and how courts will navigate this standard in practice. The potential for variation in court decisions could impact both grandparents seeking visitation and parents who may oppose it. The question of how aggressively courts will enforce the new stipulations can lead to debates about judicial discretion and parental rights versus the rights of extended family members.