Tennessee Same-Sex Partner Gets No Visitation Rights Absent Adoption

Tennessee law case summary on same-sex couple custody and visitation in family law from the Court of Appeals.

In re Hayden C. G-J. – Tennessee same-sex parent visitation dispute

Jennifer J. and Jennie G. were in a romantic and committed relationship for 14 years, during which time they held themselves out to a couple.  During their relationship, the desired to co-parent a child.  Jennifer learned that two friends were expecting a child and wanted to place the child for adoption.  Jennifer and Jennie took the biological mother into their home and provided support during the pregnancy.

After the child was born in 2007, Jennie selected the name Hayden, and the child went home with Jennifer and Jennie.  He called the parties “Mama” and “Maje,” which stood for Mama Jennie.  Jennifer adopted the child, and his last name is that of both Jennifer and Jennie, hyphenated.  During their time together, Jennifer and Jennie shared responsibility for the child.

In 2001, Jennifer moved out and took the child with her.  She refused to allow Jennie to have any contact with the child.  Jennie then filed a petition seeking either residential placement or visitation.  While the trial court believed that this would be in the child’s best interests, it also found that prior precedents prevented it from granting any parental rights to Jennie.  Jennie then appealed to the Tennessee Court of Appeals.

A 1999 Court of Appeals decision was on point, but Jennie argued that the case was outdated and should be overruled.  The Court of Appeals first noted that the Tennessee statutes did not include her within the definition of a parent.  However, she argued that she should have standing because of the Uniform Child Custody Jurisdiction and Enforcement Act.  However the Court of Appeals held that this law had no application to the case, because it did not involve an interstate custody dispute.

The Court also found that she did not have any legal rights arising out of the doctrine of in loco parentis.

Since Jennie had no biological or legal relationship with the child, the Court of Appeals held that she had no legal standing to seek visitation and affirmed the lower court.

No. M2012-02701-COA-R3-CV (Tenn. Ct. App. Nov. 12, 2013).

See original opinion for exact language.  Legal citations omitted.

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