Hawk v. Hawk

OPINION

DAUGHTREY, Justice.

We granted review in this case primarily to decide the constitutionality of T.C.A. § 36-6-301 (1985), the Grandparents’ Visitation Act, as it applies to the decision of these married parents to deny the paternal grandparents visitation with their grandchildren. Because we conclude that the application of the statute to the facts in this case violates the constitutional right to privacy in parenting decisions, under Article I, Section 8 of the Tennessee Constitution, we reverse the decision to award visitation to the children’s grandparents.

We recognize that, under…