Child custody and visitation rights are important issues in Tennessee family law. When parents separate or divorce, they may need to establish an initial parenting arrangement or later request changes to an existing custody order or Permanent Parenting Plan.
If you’re a parent in Tennessee seeking additional parenting time or a change to an existing custody arrangement, it is important to understand the legal standard that applies. An initial custody determination focuses on the child’s best interests, while modifying an existing custody order or residential parenting schedule generally requires proof of a material change in circumstances before the court considers whether the requested change would serve the child’s best interests.
What Are Tennessee’s Child Custody Laws?
Tennessee courts make custody and parenting decisions based on the child’s best interests. The specific legal requirements, however, depend on whether the court is establishing a parenting arrangement for the first time or considering a request to modify an existing order.
In Tennessee, the primary consideration in determining custody arrangements is the child’s best interests.Rather than relying only on labels such as sole or joint custody, Tennessee courts use parenting plans to establish each parent’s responsibilities, decision-making authority, and residential parenting time.
A Permanent Parenting Plan generally includes a residential schedule showing when the child will be in each parent’s care and addresses how important decisions concerning the child will be made. When one parent has more than half of the residential parenting time, that parent is generally designated as the Primary Residential Parent.
Parents may share decision-making responsibilities and residential time in different ways depending on the child’s needs and the circumstances of the family. An equal parenting schedule is possible, but joint parental involvement does not necessarily mean that each parent receives exactly the same amount of parenting time.
Tennessee parenting arrangements can divide parenting responsibilities and residential time in several ways. Rather than relying only on labels such as joint legal or joint physical custody, Tennessee courts use a Permanent Parenting Plan to establish each parent’s responsibilities, decision-making authority, and residential schedule.
Decision-Making Authority: Parents may share responsibility for major decisions involving the child’s education, healthcare, religious upbringing, and other important matters, or the parenting plan may allocate particular decisions to one parent.
Residential Parenting Time: The parenting plan establishes when the child will be in each parent’s physical care. Parenting time does not have to be divided equally. When one parent has more than half of the residential parenting time, that parent is generally designated as the Primary Residential Parent.
Other arrangements, including schedules in which siblings spend different amounts of time with each parent or arrangements in which the child remains in one residence while the parents rotate in and out, may be possible depending on the circumstances. However, the court’s focus remains on the child’s best interests and the parenting arrangement established in the Permanent Parenting Plan.
If you are asking the court to modify an existing custody order or residential parenting schedule, showing that the proposed arrangement would benefit the child is generally not enough by itself. Tennessee law ordinarily requires proof of a material change in circumstances before the court considers whether the requested modification would be in the child’s best interests.
Steps to Seek More Parenting Time or Modify a Custody Arrangement in Tennessee
Consult an Attorney
If you are considering seeking additional parenting time or modifying an existing custody arrangement, consulting a Tennessee family law attorney can help you understand the legal standard that applies. An attorney can review the existing parenting plan or custody order, explain your options, help prepare the necessary filings, and represent your interests in negotiations or court proceedings.
Consider Mediation and Other Dispute Resolution
Mediation is commonly used in Tennessee parenting disputes, and a Permanent Parenting Plan generally includes a dispute-resolution process for certain disagreements before the parties return to court. Depending on the type of case, the existing parenting plan, and applicable court rules, mediation may be required or ordered.
Mediation can give parents an opportunity to work toward an agreement with the assistance of a neutral third party and may reduce the need for contested litigation. Tennessee law also provides important restrictions and safeguards when domestic abuse is involved.
File the Appropriate Petition
If you and the other parent cannot agree on a proposed change, you may need to file a petition with the appropriate court requesting modification of the existing custody order or Permanent Parenting Plan. In Tennessee, a parent seeking a modification generally must first establish a material change in circumstances. The petition should identify the changes that have occurred and explain why the requested modification should be considered.
Document the Changes and Relevant Evidence
Evidence should relate to the specific change you are asking the court to address. Depending on the circumstances, relevant information may include changes in the child’s needs, changes in a parent’s living or working situation that affect parenting, failure to follow the existing parenting plan, the history of each parent’s involvement with the child, and other facts relevant to the statutory standards.
Attend Required Court Proceedings
Attend scheduled hearings and comply with court orders, filing requirements, and deadlines throughout the case. Failing to appear when required or failing to comply with procedural requirements can affect the proceeding and may lead to adverse consequences.
Address the Child’s Best Interests
If the applicable material-change requirement is satisfied, the court considers whether the proposed modification would be in the child’s best interests. Tennessee courts consider factors including the strength and stability of the child’s relationship with each parent, each parent’s performance of parenting responsibilities, the child’s emotional and developmental needs, continuity in the child’s life, and each parent’s willingness to support an appropriate relationship between the child and the other parent.
Follow the Court’s Orders
Once the court enters a custody order or Permanent Parenting Plan, both parents are expected to follow it. Failure to comply may result in enforcement proceedings and can also become relevant if either parent later asks the court to modify the parenting arrangement.
Our Tennessee Family Law Attorneys Can Help with Child Custody Matters
Seeking additional parenting time or requesting a change to an existing Tennessee custody arrangement involves more than showing that a different schedule would be preferable. When a modification is requested, the parent generally must establish the applicable material change in circumstances and then address whether the proposed change serves the child’s best interests.
At Inman, Stadler & Hill, our attorneys can review an existing custody order or Permanent Parenting Plan, evaluate the circumstances that have changed, explain the legal standard that applies, and represent clients during negotiations, mediation, and court proceedings when necessary.
Contact our Tennessee family lawyers today for a consultation to discuss your current parenting arrangement and the legal options that may be available under Tennessee law.
