Can I petition to change our Tennessee child custody arrangement?
Can I petition to change our child custody arrangement if I believe my ex-spouse’s new living situation places our child in harm?
Yes, if your ex-wife’s living situation has changed and you think it harms your child, you may petition a change in child custody. Any change in the custodial parent’s living environment that may be considered dangerous to the children is of concern and should be discussed with a trusted Bartlett child custody attorney.
However, you must be able to provide proof of the allegedly harmful situation before you can modify the child custody agreement. Has your ex-wife started using drugs or alcohol excessively? Is she neglecting the children? Are they being fed and cared for properly? What about their living situation? Is the house clean or are they living in filth? Does she have a new boyfriend who is emotionally or physically abusing the children? Any evidence you can provide, such as testimony from your child, will help your case.
If your attorney believes you have a solid case to petition for child custody, you will need to file the petition in the child’s home state. Only the child’s home state can issue a change in child custody. If you believe your child is in immediate danger, you may file an emergency order with the court until the case can be heard.
Child custody laws can be complex, but if you feel your children are being harmed as a result of the other parent’s living situation, you need legal help. Contact a Bartlett child custody attorney from Miles Mason Family Law Group to determine your next steps. They have the expertise to help you achieve your goals. Contact them today at (901) 683-1850.