As children grow older or circumstances change for the Mother or Father it may become necessary to modify child custody and which parent is designated the primary residential parent and which is designated the alternate residential parent.  Alternatively, one or both parties may feel that the visitation schedule needs to be modified in accordance with work schedules, school schedules or extra curricular activities for the child(ren). 

Attorney Aggressively Pursuing Child Custody in Columbia, Tennessee |  Lawyer Experienced in Child Custody and  Visitation in Franklin, TN

 In Order to change custody of a child the parent requesting the modification must show by a preponderance of the evidence that (1) a material change in circumstances has occurred that was not foreseeable at the time the divorce was entered; and (2) that the requested change is in the best interest of the child.  A material change can consist of a change of employment, a change in location of residences of the parents, a change in the household of the other parent that it is detrimental to the child, etc.  It is important to note that the Court must first find that a material change has occurred before the Court can even consider the best interest of the child.  Should the Court make a determination that there is a material change the factors that the Court will consider to determine the best interest of the child in awarding custody are found in T.C.A. §36-6-106:

• The love, affection and emotional ties existing between the parents or caregivers and the child;
• The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
• The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
• The stability of the family unit of the parents or caregivers;
• The mental and physical health of the parents or caregivers;
• The home, school and community record of the child;
• The reasonable preference of the child, if twelve (12) years of age or older; the court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
• Evidence of physical or emotional abuse to the child, to the other parent or to any other person;
• The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
• Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.

 In cases where a parent is simply seeking to modify the Visitation or Parenting Schedule, without a change in custody, there is a lesser standard for revising a Permanent Parenting Plan.  To only change the visitation schedule, the requesting parent must show by a preponderance of the evidence that the requested change is in the best interest of the minor child or children.  As kids grow older and become involved in more activities, or when a parent’s work schedule changes it may be necessary to revise the parenting schedule to maximize the mother or father’s parenting time when they are available. 

 Most likely, if you already have a Permanent Parenting Plan in place, that plan will provide for the steps that must be taken to modify the visitation schedule.  Generally, that will include that you will need to send a letter to other parent stating the requested modification, either certified or through first class US Mail.  At which point, both Mother and Father will be required to attend mediation before the matter can be brought before the Court for hearing. 

 Misty D. Parks Attorney at Law is an experienced child custody lawyer who has been pursuing the right, of people like yourself, to maximize your parenting time with your child or children.  You may contact Ms. Parks at (615) 255-9155 to discuss the particular facts and circumstances of your situation or you may Click Here to leave a message through this website that will be returned promptly. 

 
Serving Clients in:  Franklin, TN; Brentwood, TN; Fairview, TN; Williamson County, TN; Maury County, TN; Columbia, TN; Spring Hill, TN; Mt. Pleasant, TN; Marshall County, TN; Lewisburg, TN; Lawrence County, TN; Lawrenceburg, TN; Pulaski, TN; Giles County, TN; Nashville, TN; Davidson County, TN; Rutherford County, TN; Murfreesboro, TN; Smyrna, TN; Montgomery County, TN; Clarksville, TN; and surrounding Middle Tennessee Area.

By Misty D. Parks