Facts: Three children were removed from their mother’s custody by the Department of Children’s Services and placed in the custody of Adoptive Parents, who ultimately adopted the children.

Maternal Grandparents petitioned for grandparent visitation.

At the time of the adoption, Maternal Grandparents had no court-ordered visitation with their three grandchildren.

Adoptive Parents moved to dismiss the petition for failure to state a claim on which relief can be granted, asserting that Maternal Grandparents lacked standing.

The trial court agreed, dismissed the petition, and awarded Adoptive Parents a judgment of $2750 for their attorney’s fees.

On Appeal: The Court of Appeals affirmed the trial court.

Tennessee’s grandparent visitation statute states that if someone “other than a relative or a stepparent” adopts a child, any existing grandparent visitation rights awarded before the adoption shall automatically end after the adoption.

Adoptive Parents were not relatives or stepparents, so any grandparent visitation rights the Maternal Grandparents may have had were extinguished upon the adoption.

The doctrine of standing determines whether a plaintiff has the right to judicial relief. A court does not have subject-matter jurisdiction to hear a petition for grandparent visitation unless the party filing the petition has standing.

The Court agreed that Maternal Grandparents lacked standing and the dismissal of their petition was required:

[Tennessee’s grandparent visitation statute] allows grandparents to pursue court-ordered visitation with their minor grandchildren if visitation “is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian[.]” Importantly, the statute explicitly limits its application to situations when a relative adopts the children at issue: “Notwithstanding § 36-1-121, if a relative or stepparent adopts a child, this section applies.” On the other hand, “[i]f a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.” … Thus, the statute clearly provides recourse to grandparents only when the grandchildren are adopted by a relative or stepparent.

*     *     *     *     *

As the party seeking visitation, it is incumbent upon [Maternal Grandparents] to establish that they have standing under the statute. The [Maternal Grandparents’] petition falls short in this regard. In fact, the only document in the record that speaks to the relationship between [Maternal Grandparents] and the children is the description in one of [Maternal Grandparents’] pleadings that [Adoptive Mother] was the “trusted babysitter” of the children. [Maternal Grandparents] simply failed to allege that they were entitled to relief under the grandparent visitation statute. As such, we affirm the juvenile court’s determination that [Maternal Grandparents lacked standing.

The trial court’s judgment dismissing the petition was affirmed.

K.O.’s Comment: Tennessee’s grandparent visitation statute does not presently let a party recover their attorney’s fees. So, how did Adoptive Parents recover their attorney’s fees here? Because the trial court dismissed the petition under Rule 12, and a separate statute—TCA § 20-12-119(c)(1)—requires an award of attorney’s fees when a case is dismissed for failure to state a claim on which relief can be granted.

Note I said, “Tennessee’s grandparent visitation statute does not presently allow a party to recover their attorney’s fees.” That may change soon. Stay tuned.

Source: Judd v. Powell (Tennessee Court of Appeals, Middle Section, March 14, 2025).

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