Navigating Child Custody Modifications in Tennessee: What Triggers a Change?

Once a permanent parenting plan or court order is in place, parents may worry about what happens if future circumstances disrupt their ability to adhere to it. The courts in Tennessee recognize that unexpected life changes can occur and permit modifications to child custody agreements for such circumstances.

Understanding How Custody Modifications Work in Tennessee

A custody modification is the legal process of changing an existing court-ordered document that outlines how parents will share custody and the responsibilities each will have in caring for their children. For modifications to be considered, Tennessee law requires that a significant and lasting change has occurred since the last order was made. These must be events that could have a consequential impact on the child's care. 

However, it must be emphasized that any mediated or judicial decisions will always be in the best interest of the child. The decisions for any modifications will be based on each parent's capacity and willingness to provide a safe, stable, and positive environment.

Common Reasons Parents Seek Custody Modifications

Although child custody modifications are not uncommon, this is not a process that can be initiated impulsively or based on minor inconveniences. Examples of conditions that may warrant custody modifications include changes in living situations, employment, or safety concerns.

Parental Relocation

Circumstances might force a parent to move a significant distance away. In this case, if the noncustodial parent was enjoying a more frequent visitation arrangement, the courts may have to approve a less frequent but stable one to maintain the parent-child bond.

Changes in a Parent's Job or Lifestyle

Work schedules, improvements in a parent's living situation, or a parent becoming disabled can also be circumstances in which a modification can be requested. 

Safety or Health Concerns

Parental misconduct or a situation that poses a risk to a child's physical or emotional well-being is also grounds for a modification request.

Child's Preferences

The court will seriously contemplate the reasonable preference of a child who is 12 years of age or older, as well as hear the preferences of younger children. However, the preferences of older children are usually given more substantial consideration than those of younger children.

The Legal Process for Requesting a Custody Modification

Now the question is, how do I file a motion to modify child custody? The first step is to prove that there have been substantial and material changes in circumstances since the last custody order was issued. An attorney can advise a parent on the applicable documents needed, such as school and medical records, police reports, pay stubs, and tax returns, or evidence that the child's needs have changed over time, and help gather them. 

Next, the initiating parent will draft and submit a petition, along with the supporting documents, to the court to formally request a custody modification. At this point, the parent will also submit a permanent parenting plan.

Once the necessary paperwork has been filed, the other parent must be notified through service of process. This ensures that they are aware of the proposed changes and have the opportunity to respond. Both parents will participate in mediation to help them reach a mutually agreeable new arrangement. If the mediation fails and no agreement is reached, a hearing will be scheduled, and both parents will be allowed to present their cases to a judge, who will make the final decision.

Speak with Richards and Colburn Law About Your Custody Options

Rely on us for skilled legal advice on custody options and how to change a custody order, as well as navigating child custody modification processes for an optimal outcome. Our experience and knowledge make this a worry-free process for parents, regardless of the uniqueness of your custody situation. Contact us for a confidential consultation to discuss your particular custody needs.

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