IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 10, 2004 Session LINDA OTTINGER, ET AL. v. SHELLY EVANS OTTINGER Appeal from the Circuit Court for Hamilton County No. 01-D-1899 Jacqueline E. Schulten, Judge

No. E2003-02893-COA-R3-CV Filed July 21, 2004

CHARLES D. SUSANO , JR., J., concurring.

I concur completely in Judge Swiney’s opinion. I write separately to emphasize what the majority opinion expressly states, i.e., that the Defendant in the instant case did not challenge the constitutionality of Tenn. Code Ann. § 36-6-306 (2001 & Supp. 2003). I continue to have some doubt that the deprivation of a relationship with grandparents can form the basis for the type of substantial harm contemplated by the Supreme Court’s decision in Hawk v. Hawk, 855 S.W.2d 573 (Tenn. 1993). See Dugan v. Myers, C/A No. E2001-00281-COA-R3-JV, 2001 WL 1117514, at *2 (Tenn. Ct. App. E.S., filed September 24, 2001), no perm. app. requested (Susano, J., concurring).

However, since that issue is not before us in this case, we do not need to reach it.

_______________________________ CHARLES D. SUSANO, JR., JUDGE