Shelby County Circuit Court and Juvenile Court — Tennessee Law Protects Your Right to Be in Your Grandchild's Life
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Memphis Grandparent Visitation Attorney
When a family falls apart — through divorce, separation, or something more serious — grandparents are often the ones left on the outside looking in. A parent cuts off contact. A DCS case puts a child in an uncertain situation. Suddenly a grandparent who has been a constant presence in a child's life finds themselves with no legal standing and no clear path forward.
Tennessee law provides that path. Under Tennessee Code Annotated § 36-6-306, grandparents have the right to petition a court for visitation with their grandchild. The right is not automatic — you have to qualify and meet a legal standard — but it is real, it is enforceable, and courts in Memphis and Shelby County take it seriously when a grandparent and grandchild have an established relationship.
The key to using this law effectively in Memphis is understanding which court has jurisdiction over your situation — Shelby County Juvenile Court or Shelby County circuit court — acting quickly, and having an attorney who knows that specific court.
Visitation is time with your grandchild. It is not custody, and the two run on different tracks. If the child is living with you, or needs to be, that is a different filing entirely. Grandparent custody in Memphis →
The Law
Tennessee's grandparent visitation statute gives grandparents standing to petition a court for visitation under specific circumstances. Standing means the right to ask — it does not guarantee a result, but it gets you in front of a judge.
A grandparent has standing to petition when any of the following apply:
Once a grandparent establishes standing, the court must determine whether denial of visitation would cause substantial harm to the child. Tennessee courts interpret this standard broadly when there is a meaningful, established relationship between the grandparent and child. The longer and more consistent the relationship, the stronger the argument.
A parent's objection to grandparent visitation does not automatically defeat the petition. Tennessee law recognizes that in some circumstances, the child's interest in maintaining a relationship with a grandparent can override a parent's preference.
Circuit / Chancery Court
If there is no active juvenile court case involving your grandchild, a grandparent visitation petition is filed in Shelby County circuit or chancery court — the same court that handles divorces and contested custody matters in Memphis.
This scenario most commonly arises when the parents are divorcing or separated and one parent is cutting off the grandparent's access. It can also arise when a parent has passed away and the surviving parent is limiting contact with the deceased parent's family.
A circuit court grandparent visitation case follows the standard family law process — petition, response, hearing, and a judge's ruling on visitation. The procedure is the same as any contested visitation matter. What makes it a grandparent case is the statute that gives you the right to be there in the first place.
Sam Jaber — Circuit Court Family Law
Attorney · Tennessee Bar · Practicing Since 2011
Attorney Sam Jaber handles visitation and custody matters in Shelby County circuit court. He knows the tendencies of these judges, the local procedures, and what it takes to argue a visitation case effectively. A grandparent visitation petition in circuit court is a visitation case governed by a specific statute — and Sam handles visitation cases every day.
Juvenile Court
When DCS gets involved — when a child is removed from the home, when a dependency and neglect petition is filed, or when a child is otherwise before Shelby County Juvenile Court — grandparent visitation and placement are handled there.
This is the most common and most urgent scenario. A grandchild is in crisis. The parents are unable or unwilling to provide a safe home. DCS is making decisions about where the child goes — and if no family member steps forward quickly, the child ends up in foster care.
Grandparents in this situation have two potential remedies: visitation rights while the child is placed elsewhere, or placement of the child with the grandparent. Courts prefer family placements over foster care when a suitable family member is available. But the window to make that case is narrow — juvenile court moves fast, and decisions about placement are made early.
Learn more about dependency and neglect cases in Shelby County →
Should I talk to DCS? Read this first →
William Young — Shelby County Juvenile Court
Of Counsel · Tennessee Bar · Practicing Since 2011
Attorney William Young handles juvenile court matters throughout Shelby County and has represented grandparents in dependency and neglect cases — fighting for visitation and placement when parents are unable to provide a safe home. He knows Shelby County Juvenile Court, its procedures, and the referees and judges who hear these cases. When a grandchild is caught up in the DCS system, Will knows how to get a grandparent in front of the right people fast.
Where a grandparent is seeking custody rather than visitation, the route runs through dependency and neglect, and anyone can file that petition. How grandparents get custody →
A Story We've Seen Before
Grandparent visitation and placement cases in Shelby County Juvenile Court don't follow a single script — but certain situations come up again and again. Here's one that illustrates how complicated, and how winnable, these cases can be.
Common Questions
Yes. Tennessee Code Annotated § 36-6-306 gives grandparents the right to petition a court for visitation under specific circumstances. Grandparents do not have automatic visitation rights, but they have the right to ask a court to order visitation — and courts will grant it when denying visitation would cause substantial harm to the child.
Under Tennessee law, a grandparent has standing to petition for visitation when: a parent of the child is deceased; the parents are divorced, separated, or never married and living apart; a parent has been missing for at least six months; the child previously lived with the grandparent for at least twelve months; or the child has been removed from the home by DCS or another authority in a dependency and neglect proceeding. The specific circumstances affect which court has jurisdiction and what standard applies.
Once a grandparent establishes standing, the court must find that denial of visitation would cause substantial harm to the child before it can order visitation over a parent's objection. Tennessee courts interpret this standard broadly when there is a significant pre-existing relationship between the grandparent and child. A history of regular contact, caregiving, or co-residence strengthens the substantial harm argument considerably.
It depends on the circumstances. If there is an active dependency and neglect case or other juvenile court proceeding involving the child, the grandparent visitation petition is heard in Shelby County Juvenile Court. If the case arises out of a divorce or separation with no active juvenile court case, the petition is filed in circuit or chancery court. The two courts have different procedures and different atmospheres — knowing which court your case belongs in, and having an attorney who knows that court, matters.
When DCS removes a child or initiates a dependency and neglect case, grandparents can petition Shelby County Juvenile Court for visitation or placement. These cases move quickly — court dates are frequent, DCS has significant influence, and decisions about the child's placement are made fast. Grandparents who wait too long can lose meaningful opportunity to be part of the process. Getting an attorney involved immediately is critical.
Yes. In dependency and neglect cases, grandparents can petition for placement — meaning the child lives with them — rather than just visitation. Courts prefer family placements over foster care when a suitable family member is available. If a grandparent can demonstrate stability, a safe home, and a relationship with the child, placement is a real possibility. Visitation and placement are separate requests that can be pursued together or independently.
A parent's objection does not automatically defeat a grandparent visitation petition. Tennessee law recognizes that in some circumstances — particularly when a child has an established, meaningful relationship with a grandparent — the state's interest in the child's wellbeing can override a parent's preference. The grandparent must still meet the standing requirements and show that denial would cause substantial harm, but parental objection alone is not a bar to relief.
As soon as possible. In dependency and neglect cases, placements and visitation arrangements are established early in the process and can be difficult to change later. In circuit court cases, delay can make it harder to demonstrate the kind of ongoing relationship that supports a substantial harm argument. If you are being denied access to your grandchild, contact an attorney immediately.
Yes — significantly. The length, consistency, and nature of the relationship between the grandparent and child is central to the substantial harm analysis. A grandparent who has been a regular presence in the child's life, provided care, or served as a primary caregiver has a much stronger case than one with limited prior contact. Document your relationship — photos, records of visits, any caregiving you have provided — before you file.
Circuit court grandparent visitation cases follow the standard family law process — petition, response, potentially a hearing, and a judge's ruling. The pace is set by the court's docket and the parties. Juvenile court cases involving DCS move much faster, with frequent court dates and active agency involvement. The juvenile court also has the ability to make placement decisions and order services for the family. The two processes are quite different, and having an attorney who knows the specific court your case is in makes a real difference.
Attorney fees vary depending on the complexity of the case, which court it is in, and whether it is contested. Circuit court cases that are resolved without significant litigation are generally less expensive than contested juvenile court proceedings involving DCS. Call (901) 578-1515 for a free consultation — William Young will give you an honest assessment of your situation and what representation would involve.
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