How do I modify a Tennessee child custody agreement?

If modifying a child custody agreement becomes necessary, one of the first steps will be to justify why a change is in order.

There are specific guidelines why a change is needed, but as a general rule, the parent must provide a material change in circumstance to justify the change.

Tennessee law outlines a couple of specific circumstances where a child custody modification may be in order: 

• the child’s age requires different needs;
• a parent’s living or working circumstances change; and
• failure to comply with a previously agreed-upon parenting plan.

Because a modification differs from more drastic measures, the courts are more lenient when it comes to child custody modification. In some cases, the petitioning parent only has to prove that the current arrangement isn’t practical anymore.

For example, if children are school age and can’t remember which house to go to after school, a plan that alternates weekday nights probably isn’t workable. A parent might request that the parenting plan move to a weekday/weekend arrangement.

Often, when the initial Permanent Parenting Plan was formulated, the circumstances of the child were different. As a child ages and begins to mature, it may be necessary to alter the plan.

There are a couple of important things to remember, however. A child wanting to escape the discipline of one parent isn’t a sufficient rationale to alter a child custody arrangement. Also, a child cannot be bribed or induced into a change in the agreement.

In any event, children’s wishes are taken into account – and even more so as they age. However, it is only one factor in determining the type of custody arrangement the courts will approve between parents.