In Tennessee, when making a child custody determination, the most important concern is the best interest of the child. This concern is what guides the court to its decision when a custody matter is before it. Tennessee Code § 36-6 -106 is the statute that governs this area. Along with stating that the best interest of the child is the primary concern, the statute also provides factors that should be considered when making this determination. While this list in non-exhaustive, some of the listed factors include:
- the strength, nature, and stability of the child’s relationship with each parent,
- each parent’s past and potential future performance of parenting responsibilities,
- the ability of each parent to provide things such as clothing and food, and
- the importance of continuity in the child’s life and the length of time they have lived in a stable environment.
While not a complete list of the factors, it is beneficial to see some of the things a court considers when making a custody decision. Once a permanent custody order is entered, either by consent or a court order, there must be a material change in circumstances for a modification to occur. The change must be significant and affect the child’s well-being. An important distinction on this point that is emphasized by the Tennessee State Legislature is that a material change does not require a showing of substantial risk or harm to the child. Proving a material change in circumstances is a high threshold for the party moving for modification to meet. The standard that used is a preponderance of the evidence standard. What this means is that the evidence must show it is more likely than not (greater than 50% chance) a material
change has occurred. The statute that governs modification is Tennessee Code § 36-6-101(B)(i). Within the code itself, some broad examples of what would qualify as a material change in circumstances are given. These examples include failure to adhere to a parenting plan or circumstances that would make the current plan no longer in the best interest of the child. With this broad language, courts have wide discretion as to what specifically would result in a finding of a material change in circumstances. However, there is case law that can help provide more clarity and examples of what constitutes this material change. In Killian v. Moore, the mother of the minor child had been diagnosed with a mental illness and had also remarried since the custody arrangement had been enacted, and the court held this reached the level needed to be a material change in circumstances to modify the existing agreement. Another example of a court holding there was a material change of circumstances comes from In re T.C.D.. In that case, the mother of the minor child had gotten remarried to a man who had been charged with felony child abuse and had a history of domestic violence. Based on this relationship and the introduction of the
child into these circumstances, the court held that this also qualified as a material change sufficient to warrant modification. Because there is not strict test as to what a material change in circumstances is, using prior cases is an important place to start when trying to convince a court to modify an existing order. The most important thing to remember is the child’s best interest is what will drive the court’s decision on these issues. If you or someone you know is involved in or may become involved in a legal dispute, it is important to act quickly and seek legal
assistance. At King Law Offices, we understand the sensitivity and complexity of these situations and are here to help. Our experienced attorneys can guide you through the custody modification and the rest of your legal issues. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.