Regenia Ellison v. Cherri Ellison

This appeal involves a petition for grandparent visitation filed by plaintiff, Regina Ellison, paternal grandmother of Garrett Ellison and Ethan Wayne Ellison, minor children of defendant, Cherri Ellison, and Terry Ellison, deceased. After an evidentiary hearing, the trial 2 court granted visitation. Cherri Ellison (Mother) has appealed and presents the following issues for review as stated in her brief:
1. Whether Tenn. Code Ann. § 36-6-306 is unconstitutional because it authorizes courts to order grandparent visitation upon a finding that such visitation is in the “best interest” of the child without first requiring the finding of a danger of substantial harm to the child.
2. Whether the evidence preponderates against the trial court’s award of visitation rights to the appellee.