Grounds for Child Custody Modification

Child custody orders are readily modifiable in Tennessee. Family courts recognize that circumstances may change that warrant modifying child custody arrangements. When a material change in circumstance occurs, a parent can request a change in modification that considers these changes. A parent must take a formal route to legally modify the child custody agreement. An experienced Nashville child custody lawyer from Burdine Law Firm, PLLC can help explain the process of modifying child custody and assist you throughout it.

Demonstrating a Material Change in Circumstances

To request a modification of a child custody order, you must show that a change has occurred since the last time the child custody order has been modified that significantly affects your child’s well-being and requires reassessing the current custody arrangement to ensure it meets the child’s best interests.

Material changes in circumstances can take many forms, but some common examples include:

  • Changes in a parent’s living situation
  • A change in job
  • A change in the health of a parent or child
  • A change in the child’s educational needs
  • A recent move
  • A change in family situation

When requesting a change to a child custody order, the parent wanting the change must be able to show that the child’s needs or circumstances have evolved due to the change and that it is in their best interests to change the current child custody plan.

Process of Modifying Child Custody

Because the child custody order is a legal court order, the only way to formally change it is to go through a legal process to effectuate this change. The process to modify child custody involves the following steps:

  • Filing a petition to modify child custody
  • Serving the other parent with the petition
  • Negotiating an agreement with the other parent, if possible
  • Attend all court hearings
  • Convince the court that it is in your child’s best interests to modify the existing order

Do’s and Don’ts When Modifying Child Custody

Here are some things to do when seeking a modification of a child custody order:

  • Seek court approval for proposed changes to the custody agreement.
  • Talk to the other parent to reach a mutual agreement.
  • Consult with a knowledgeable family law attorney in Nashville to determine if you have viable grounds for modifying child custody.
  • Negotiating an agreement with the other parent, if possible
  • Document all communications with the other parent regarding changes you have agreed to.
  • Gather evidence to establish why your proposed changes would be best for your child.
  • File the necessary paperwork to begin the process.

And, here are some things not to do when seeking a child custody modification:

  • Don’t make informal agreements without the court’s approval.
  • Don’t try to force the other parent to agree to something they don’t agree to.
  • Don’t talk negatively about the other parent
  • Don’t withhold parenting time or child support as leverage.
  • Convince the court that it is in your child’s best interests to modify the existing order

Contact Burdine Law Firm, PLLC to Learn More

If you need assistance modifying an existing child custody order, contact Burdine Law Firm, PLLC. Our child custody modification attorney in Nashville can explain whether you have grounds to request a modification and assist you throughout the process.