When parents divorce in Tennessee, the court generally enters a Permanent Parenting Plan that establishes a residential parenting schedule and addresses each parent’s responsibilities and decision-making authority. Some families may have schedules that provide the parents with similar amounts of parenting time, while others may have substantially different residential schedules based on the circumstances of the child and family.
The circumstances that existed when a parenting plan was first entered can change over time. A child may develop different educational, medical, or developmental needs, a parent’s work or living situation may change, or the existing parenting schedule may become difficult to follow.
Child custody arrangements can be changed in Tennessee, but an existing custody order or parenting plan generally cannot be modified simply because one parent would prefer a different arrangement. Tennessee law requires the parent seeking modification to establish the applicable material change in circumstances and, when required, show that the requested modification is in the child’s best interests.
Why Are Child Custody Arrangements Changed?
There are many circumstances that may support a request to modify an existing Permanent Parenting Plan or residential parenting schedule, including:
- Relocation or changes in a parent’s residence
A parent’s move may affect transportation, school schedules, exchanges, or the amount of residential parenting time that is practical. Tennessee also has specific requirements that may apply when a parent proposes to relocate outside the state or more than 50 miles from the other parent. A move does not automatically justify changing custody or parenting time, however. The effect of the relocation on the child and the existing parenting arrangement is important.
- Failure to follow the parenting plan
Repeated failure to comply with a Permanent Parenting Plan or custody and visitation order can be relevant to a modification request. Depending on the circumstances, violations involving parenting time, exchanges, decision-making, or other court-ordered responsibilities may support a finding that circumstances have materially changed. Whether the parenting arrangement should actually be modified will depend on the facts and the applicable legal standards.
- Changing needs of the child
A child’s needs can change considerably with age. Changes involving school, medical care, developmental needs, activities, transportation, or other important parts of the child’s life may affect whether the existing residential schedule continues to work. Tennessee law specifically recognizes significant changes in a child’s needs over time as a circumstance that may support modification of residential parenting time.
- Changing circumstances of a parent
Significant changes in a parent’s living or working conditions can also affect a parenting arrangement. For example, a parent who previously had unstable housing, employment problems, or substance-use issues may later establish a stable home and demonstrate sustained improvement. Likewise, changes in employment schedules or other circumstances can affect a parent’s ability to exercise parenting time. These changes do not automatically result in additional or reduced parenting time, but they may be relevant to whether modification is appropriate.
- Concerns about the child’s safety or well-being
Evidence of abuse, neglect, exposure to dangerous conduct, substance misuse that affects parenting, or other circumstances presenting a risk to the child can be highly relevant in a custody or parenting-plan proceeding. A parent’s physical, mental, or emotional health may also be considered when it affects that parent’s ability to care for the child. Depending on the evidence, a court may impose appropriate limitations or modify the parenting arrangement to protect the child’s welfare.
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- physical, sexual, or emotional abuse;
- intentionally or negligently putting the child at risk of abuse by others;
- drug or alcohol abuse that harms the child or creates a negative influence on them;
- suffering from mental health problems, including dangerous and erratic behavior;
their custody privileges may be reduced or revoked.
How Are Child Custody Arrangements Changed?
To obtain an enforceable change to an existing Tennessee custody order or Permanent Parenting Plan, the modification generally must be approved by the court.
When one parent seeks a contested modification, the court must first determine whether the applicable material change in circumstances has been established. Tennessee applies different standards depending on whether a parent is seeking to change custody, such as changing the primary residential parent, or seeking only to modify the residential parenting schedule. If the required material change is established, the court then considers whether the requested modification is in the child’s best interests.
If both parents agree to a modification, they can present their proposed revised parenting arrangement to the court for approval. Tennessee law allows courts to approve agreed modifications, although the court retains authority to review the agreement when appropriate.
When parents cannot agree, the dispute-resolution process contained in the existing Permanent Parenting Plan may apply, and mediation may also be ordered or required under applicable court rules. If the disagreement cannot be resolved, the court can decide the requested modification based on the evidence and applicable Tennessee law.
Let Us Assist with Your Child Custody Arrangement Needs
Parenting arrangements sometimes need to change as children grow and family circumstances evolve. Whether you are seeking additional parenting time, responding to another parent’s request for modification, or dealing with concerns about compliance with an existing Permanent Parenting Plan, it is important to understand the legal standard that applies to your situation.
The Tennessee family law attorneys at Inman, Stadler & Hill can review your existing parenting plan, evaluate the circumstances surrounding a proposed modification, explain your legal options, and represent you in negotiations or court proceedings when necessary. Contact us today for a consultation.
