When big changes impact your custody arrangement, making a modification could be the best course of action. However, navigating the process for modification can be daunting, and an experienced family lawyer can help. In Tennessee, parents can agree to modification or petition the court for it. In 2020, the Tennessee Code was amended to add a new subsection that allows parents to agree to a modification of an existing permanent parenting plan. Tenn. Code Ann. § 36-6-405(d) (2024). If the parents agree to this new plan and the court accepts it, the court is not required to make any further determination of whether the terms of the modification are in the best interests of the child. Id.If one parent objects, the modification could still be granted by a petition to the court, if a change in circumstances occurred since the original order was established. Tenn. Code Ann. § 36-6-101 (2024). A court will only modify a custody order if there is a substantial, material change in circumstance and modification is in the best interests of the child. Id. However, it can sometimes be difficult to determine what makes a change in circumstances substantial, material, and in the best interests of the child. A material change in circumstances must be significant and impact the well-being of the child. A parent’s request for a modification based merely on convenience or a temporary change in circumstances will not likely meet the requirements. The Tennessee Supreme Court in Kendrick v. Shoemake, 90 S.W.3d 566 (Tenn. 2002), established that the change must “affect the child’s well-being in a meaningful way.” If a parent plans to move a considerable distance away, affecting the child’s stability and access to the other parent, this may be considered a material change that warrants modification of the custody order. Emch v. Emch, No. M2021-00139-COA-R3-CV, 2022 Tenn. App. LEXIS 349 (Ct. App. Sep. 1, 2022). In Emch, a parent sought modification of the permanent parenting plan for their daughter due relocation to a different county, the child’s change of schools, and the parent’s new work-from-home arrangement, making a schedule modification in the child’s best interests. Id. Significant changes in the life of the custodial parent, such as remarriage, a new job, or a drastic change in lifestyle, may warrant modification. Armbrister v. Armbrister, 414 S.W.3d 685 (Tenn. 2013). In Armbrister, a parent satisfied his burden of proving a material change in circumstances through proof that their remarriage significantly affected parenting in a positive way, and the court properly found that modification of the residential parenting schedule to increase the parent’s time with the children from 85 days to 143 days was in the children’s best interest. Id. Evolving needs of the child relating to age, educational, or medical needs can also be considered a material change for modification purposes. Drucker v. Daley, No. M2019-01264-COA-R3-JV, 2020 Tenn. App. LEXIS 536 (Ct. App. Nov. 25, 2020). In Drucker, a parent established a material change for purposes of modifying the residential parenting schedule given changes in the child’s needs related to age and changes in the parents’ location. Id. Once a material change in circumstances is established, the court will decide whether modifying the custody order serves the best interests of the child. Factors a court will consider include: the stability of the child’s current environment, the child’s relationship with each parent, and the mental and physical health of all parties involved. If you believe that your current custody order needs to be modified, it is important to consult with a knowledgeable family law attorney who can guide you through the legal requirements and advocate for your child’s best interests. 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 service process and the rest of your legal issues. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.
