Can Child Custody and Parenting Plans Be Modified in Tennessee?
If changes have occurred since your child custody order or parenting plan was put in place or if you are dissatisfied with a recent ruling related to child custody, it’s helpful to understand the requirements and process surrounding modifications to child custody orders and parenting plans.
Legal Grounds to Modify a Child Custody or Parenting Plan
Tennessee’s child custody orders and parenting plans are subject to ongoing changes and modifications. Facts may change that make the current parenting plan or child custody order no longer what is best for your child.
If you want to change the primary residential parent in the order, working with a child custody modification attorney in Nashville must be able to show a change that is materially affecting your child’s well-being. To make modifications to parenting time, you will need to show that there has been a material change in circumstances since the last order or plan was put in place.
Tennessee law does not define these terms. However, some situations in which a Tennessee family court may modify a child custody order include:
- A parent’s job or work hours have changed.
- The child’s schedule has changed.
- There is a change in the child’s primary residence.
- A change in the parent’s living situation, employment status, or health has changed.
- A parent has moved.
- The parents are not following the parenting plan and prefer a different arrangement they have been using.
- One of the parents is not complying with the original parenting plan.
- A parent’s marital status has changed.
- A parent has additional children.
How to Modify a Child Custody Order or Parenting Plan
Even if the parents have deviated from the terms of their parenting plan, these informal changes are not legally enforceable. The court is the only entity with the legal authority to modify a child custody order. If one or both parents want to change the parenting plan, there are several ways they may be able to accomplish this.
If the parents agree, they can prepare a new plan and present it to the court for approval. Alternatively, they can try to reach a new agreement in mediation. Then, they present the mediated agreement to the court for formalization.
If the parents don’t agree, the parent seeking to change things files a petition asking to modify the child custody order. This parent is responsible for stating their proposal for a new parenting plan and providing evidence of why the proposed change would be in the child’s best interests. The court schedules a hearing to evaluate the evidence and hear testimony.
Contact Our Family Law Lawyers for a No-Obligation Consultation
If you would like more information about Tennessee’s child custody modification process, a knowledgeable family lawyer can review your circumstances and options during a confidential consultation. The experienced Nashville family law attorneys at Burdine Law Firm, PLLC know that every family is unique and can develop a legal strategy tailored to your particular case. Contact us today to set up a confidential initial consultation.