Grandparent Raising a Grandchild in Tennessee: Legal Options and Support

When Informal Care Isn't Enough

Most grandparents start with an informal arrangement — the grandchild moves in, and everyone assumes things will work out. Then the school asks for enrollment paperwork, the pediatrician refuses to treat without authorization, or a benefits office requires a court order.

Informal care alone does not give you the authority of a court-appointed guardian or legal custodian. Tennessee lets a parent delegate school and care decisions through a Power of Attorney for Care of a Minor Child, and certain relatives may make health-care decisions under an in loco parentis affidavit when the people listed first by law are not reasonably available. Relatives may also apply for programs such as Families First Child-Only, subject to eligibility.

Your Main Legal Paths

Power of Attorney for Care of a Minor Child (T.C.A. § 34-6-302) — The fastest option when a parent is willing to cooperate. The required parent or parents sign a form acknowledged before a notary or two witnesses; it may authorize school enrollment and medical, dental, and mental-health treatment. It's non-judicial — no court involved — but it's temporary and a parent with legal custody can revoke it in writing. It requires a qualifying hardship: incarceration, illness, substance abuse treatment, or similar circumstances.

Non-parent custody (T.C.A. Title 36) — A court order giving you legal and physical custody. Juvenile court has concurrent jurisdiction with circuit and chancery courts over custody matters involving children born out of wedlock; the court that issued an existing custody decree retains control over changes to that decree. In an initial custody dispute, if a parent opposes, you must prove the child faces a risk of substantial harm with the parent by clear and convincing evidence. The order can include child support obligations for the parents and a visitation schedule.

Guardianship (T.C.A. Title 34) — A court order appointing you as legal guardian of the child's person, property, or both. A person-only appointment may be filed in juvenile court; an appointment over the person or property, or both, may be filed in a court exercising probate jurisdiction or another court of record in the county where venue lies. Comes with ongoing reporting obligations for property guardians.

Each option fits a different situation. A Power of Attorney works when a parent cooperates and the need is temporary. Custody or guardianship is necessary when you need permanent authority or a parent is absent, unfit, or uncooperative.

Steps to Get Legal Authority

1. Decide which legal path fits — POA if a parent will sign, custody or guardianship if you need a court order
2. Get the right forms — from your county clerk's office, legal aid, or the court website (there's no statewide form packet)
3. File the petition and pay the filing fee (or file an Affidavit of Indigency to ask to proceed without paying costs upfront)
4. Serve notice on all parents — through sheriff, certified mail, or publication if a parent can't be found
5. Check whether the court requires background checks — ask the clerk or Guardian ad Litem which checks, if any, must be completed
6. Attend the hearing — bring organized documentation and any witnesses
7. Get certified copies of the final order — you'll need them for school, the doctor, benefits, and banking

Financial Support Available

Tennessee has several programs for grandparents raising grandchildren:

• Families First Child-Only Grant — a TANF grant based on the child's income, not yours. Apply through the ONE DHS portal or your local TDHS office.
• Relative Caregiver Program (RCP) — DCS-contracted agencies across all 95 counties offer support groups and respite care. The monthly stipend has additional requirements: a court custody order, caregiver age 21 or older, agreement to seek establishment and enforcement of child support, and the birth parent must not live in the caregiver's home.
• TennCare or CoverKids — children may qualify under different program rules, which consider household size and income as well as other eligibility criteria. Apply through TennCare Connect.
• Subsidized Permanent Guardianship (SPG) — available only for children who were in formal DCS foster care custody. Private guardianships don't qualify.

You're Not Alone

Raising a grandchild can feel isolating, but Tennessee has a network of support. The Relative Caregiver Program connects you to other grandparents in your area. HELP4TN (1-844-435-7486) offers free legal advice. And the Guardianship and Custody for Grandparents and Relatives in Tennessee guide walks through every step of getting legal authority, with worksheets for tracking court deadlines and benefits applications.

See more Tennessee guides →