429 S.W.3d 562
Tenn. Ct. App.2013Background
- This is a grandparent visitation dispute in Hardin County, Tennessee.
- Paternal grandparents had a substantial pre-existing relationship with the child, including regular babysitting and weekend care.
- After the child's adoption by the mother’s husband, visitation ceased on Feb. 1, 2012, at Mother's and adoptive father's behest.
- Grandparents petitioned for visitation under Tenn. Code Ann. § 36-6-306; the trial court awarded limited visitation based on a finding of likely substantial harm if visitation ceased.
- Mother and adoptive father challenge evidentiary rulings, the court’s adoption of party-prepared findings, and the sufficiency of harm evidence to justify visitation.
- The trial court’s December 17, 2012 order incorporated Grandparents’ findings and granted visitation one weekend a month plus holiday attendance; discretionary costs were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Threshold harm for grandparent visitation | Jerrolds argued no substantial harm | McGarity argued harm shown by cessation | No substantial or severe emotional harm proved |
| Admission of photographs and video | Waived due to lack of contemporaneous objection | Evidence admissible; no objections timely raised | Waiver of evidentiary challenge; admission not reversible error |
| Trial court reliance on Grandparents’ proposed findings | Trial court improperly adopted party-prepared findings | Adoption permissible if court reviewed and reflected its view | Not reversible error; court could adopt party-prepared findings |
| Constitutional rights of parents vs. grandparent visitation | Visitation infringes parental rights absent harm | State interest with threshold harm and best interests analysis | Grandparents failed to prove threshold substantial or severe harm; visitation reversed |
Key Cases Cited
- Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993) (parental rights control; requires harm threshold before interference)
- Ray v. Ray, 83 S.W.3d 726 (Tenn. Ct. App. 2001) (defines substantial harm as real hazard beyond minor or theoretical risk)
- Barr v. Airline Construction, 807 S.W.2d 247 (Tenn. Ct. App. 1990) (trial court may request proposed findings and adopt verbatim where appropriate)
- Delevan-Delta Corp. v. Roberts, 611 S.W.2d 51 (Tenn. 1981) (guidance on trial courts reviewing party-prepared findings)
- Mizrahi v. Cannon, 867 A.2d 490 (N.J. Super. A.D. 2005) (requires concrete, case-specific harm to justify intrusion into parental autonomy)
- Keenan v. Dawson, 739 N.W.2d 688 (Mich. Ct. App. 2007) (affirmed grandparent visitation where harm to memory of deceased mother shown)