What happens if, once the paperwork has been filed and the divorce is final, you are asked to move for a job?
Or your work hours change, making it next to impossible for you to fulfill your custodial responsibilities?
If you find yourself needing to make a change in the custody of your children, or needing the same from the other parent, consultation with a lawyer is key for the protection of all parties involved and for preventing either party from being found in contempt of court for violating your filed Permanent Parenting Plan.
Here in Memphis, Tennessee there is a set criteria for establishing the need for a change in child custody. And at the front of every judge’s mind is what is in the best interest and welfare of the child(ren), and they will make their rulings centered around that focus.
Tennessee has a somewhat concrete definition of what set of circumstances gives you the possibility for a change in custody. Tennessee code states that you must show a “substantial and material change in circumstances” by:
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Demonstrating failures to adhere to a Permanent Parenting Plan or custody and visitation order;
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By showing circumstances that make the Parenting Plan no longer in the child(ren)’s best interest;
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If significant changes in the needs of the child(ren) over time have developed;
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If significant changes in the parent’s living or working condition that significantly affect parenting have occurred; or
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If there are any other changes that making a change in custody or residential parenting time would be in the best interest of the child(ren).
In Tennessee the courts do not assume that just because you are the mother you will provide better care, or because you are the father you will provide worse care, or vice versa. There is no presumption that it is in the best interest of a child to be with the mother, or with the parent of the same sex.
Dozens of factors go into calculating a custody modification – make sure that you are aware of all of them before attempting to seek or effect a modification in court. It’s important if you are wanting to modify your child custody that you find the best divorce lawyer in Memphis that your comfortable with to help you.
