Changing or modifying your parenting plan or otherwise changing custody in Tennessee after a divorce requires asking the court for a modification. In order to qualify for a modification of custody, the parent seeking the change must prove a change of circumstances which materially alters the child’s well-being. This is rarely a simple question of law.

Every situation is unique and requires an action plan which is tailored to your particular goals. Unfortunately, Tennessee law can be vague when it comes to defining what is and is not a change of circumstances.

If a parent wants to modify parenting time (rather than who is designated as primary residential parent), that standard is lower than “materially affecting the child’s well-being” which is required to change primary residential parent. The standard to modify a parenting plan is more practical.

The first question a judge may ask is “what’s different today?” Often that answer relates to a change in a parent’s job or hours worked, children’s schedule, or transportation logistics. Another common circumstance includes situations in which parents are exchanging children differently from that in the existing plan and the parent seeking modification only wants the new parenting plan to reflect the actual schedule.

If you want to make a change in child custody after your divorce is final, you should speak with an attorney to discuss your specific situation.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com1 (931) 919-4376

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