When you’re a step-parent in Tennessee, you might be doing all the things a parent does, from packing lunches to helping with homework. But the law does not automatically give you the same rights as a biological parent.
So, what rights do step-parents have in Tennessee? This will depend on the type of custody, your relationship with the child, and whether the court or the legal parents have granted you authority.
If you’re trying to understand your standing, here’s a breakdown of what you can expect.
Do Step-Parents Automatically Have Rights?
Tennessee law does not grant step-parents automatic parental rights just because they marry the child’s parent. However, your authority can come from:
- Delegated power from the legal parent
- Written permissions for medical or educational access
- Court orders granting visitation, guardianship, or adoption
Remember that there is a difference between everyday caretaking, legal decision-making, and long-term rights matters.
What Step-Parents Can Do
Even without formal legal status, Tennessee step-parents can handle day-to-day responsibilities when the custodial parent authorizes it. This can include:
- School pickup and drop-off
- Attending meetings and extracurricular events
- Signing permission slips
- Obtaining routine medical care with parental authorization
Most schools and healthcare providers allow this when the biological parent gives consent. While it is a practical authority, it is not a legal authority. However, it makes daily life run a little smoother.
Can a Step-Parent Access School and Medical Records?
Under FERPA (education privacy laws) and HIPAA (medical privacy laws), step-parents do not get automatic access to:
- Report cards
- Attendance or discipline records
- Medical charts
- Treatment plans
However, access can be granted if:
- The parent authorizes it in writing
- The step-parent is listed as an approved contact
- The institution accepts the step-parent as acting “in loco parentis”
If you want to be fully involved, written documentation is important.
Can Step-Parents Get Visitation in Tennessee?
Tennessee does not grant general visitation rights to step-parents after a divorce or parental separation. But there’s one important exception:
If the biological parent (the one married to the step-parent) dies, Tennessee Code § 36-6-303 allows the step-parent to request court-ordered visitation.
The step-parent must show:
- An ongoing relationship with the child
- That cutting off contact would cause substantial emotional harm
- That visitation is in the child’s best interest
Outside that scenario, visitation is not guaranteed. In rare cases, a step-parent may argue “in loco parentis,” which means standing in the place of a parent. Unfortunately, that legal threshold is high.
When Step-Parents Can Step in Legally
Sometimes, a child’s biological parent is unable to care for them due to illness, addiction, incarceration, or long-term instability. In these situations, a step-parent can petition for legal guardianship.
In these cases, the court will look at:
- The child’s current living situation
- The stability the step-parent provides
- The strength of the emotional bond
- Whether biological parents object
Guardianship is temporary. Also, it does not terminate parental rights. But it does give the step-parent authority to make important decisions and care for the child.
What About Step-Parent Adoption?
If you are looking for long-term rights, step-parent adoption is the most solid path. Once finalized, it gives you the same rights as a biological parent.
The process to adopt a stepchild in Tennessee is not easy. In these cases, the other biological parent consents to terminating their parental rights.
There are also legal grounds for involuntary termination, such as abandonment or severe unfitness. After adoption, you will be recognized as a permanent legal parent.
Talk with Our Tennessee Family Law Attorneys
What rights do step-parents have in Tennessee? It can vary depending on several factors. If you are looking to protect your relationship with a stepchild, you need to talk to an experienced legal team.
At Easter & DeVore, Attorneys at Law, we help Tennessee families with all their custody, visitation, guardianship, and step-parent adoption issues. Find out how we can assist with securing your rights as a step-parent. Schedule a consultation to learn about your options.
