Custody modification is a serious legal process that can have lasting effects on both parents and children. Before filing any court papers, it’s important to fully understand Tennessee’s legal requirements and how courts determine whether a modification is justified. Family law cases like child custody can be complex and emotionally charged, so it is always recommended to first seek guidance from an experienced Tennessee family lawyer who can evaluate your situation and help you make the best decision for your family.
Child Custody Modifications under Tennessee Law
A child custody modification is a post-judgment action, meaning it changes an existing court order to create a new custody or visitation arrangement. Under Tennessee Code § 36-6-101(a)(2)(B), custody and visitation orders are always modifiable. However, while technically a parent may file for modification at any time, the court will not seriously consider altering an existing order unless there has been a “material change in circumstances” since it was issued, and the modification would be in the best interest of the child. If the court finds that a material change exists, it will then consider whether a new arrangement better serves the child’s welfare and stability. The court must also make specific written findings describing the reasons and facts supporting its decision.
What Could Be Considered a Material Change in Circumstances?
There is no strict list of what constitutes a “material change.” However, any recent and significant change affecting the development of a child may qualify. Tennessee courts have considered the following examples:
- Non-compliance with the parenting plan: Can occur if one parent consistently violates visitation order or refuses to cooperate with the other parent. A court may modify custody, if they are not able to enforce the original order.
- Changes in the child’s needs: As children grow older, their educational, social, or emotional needs may evolve, making the old parenting plan unsuitable.
- Significant changes in a parent’s living or working conditions: Relocation, new work schedules, remarriage, or significant health issues that affect parenting ability may justify a change in custody.
- Environmental or lifestyle changes: Substance abuse, incarceration, or unsafe conditions in one parent’s home may affect the child’s well-being.
- Improvement in circumstances: A parent may have achieved greater stability, sobriety, or improved living conditions that warrant and increase in child custody or parenting time.
Ultimately, the court’s guiding principle remains the best interest of the child, emphasizing continuity, safety, and a healthy relationship with both parents whenever possible. Parents seeking a modification should carefully document their circumstances and seek legal advice to ensure their petition is well-supported and focused on the child’s needs.
Will Child Support Change After a Custody Modification?
When custody changes, a review of child support often follows. However, support modifications are not automatic, they must be based on clear changes. Under Tennessee law, a child support order may be modified only if there has been a significant variance between the existing amount and what would be owed under the current state guidelines, or if a substantial change in either parent’s financial circumstances has occurred. Reach out to a family law attorney if you have questions regarding child support orders or calculation.
See Help for Child Custody Modification from J. Ryan Johnson Law
Seeking a post-judgment modification is not simply about changing an order, it’s about creating the best possible plan for your child’s stability and development. Life circumstances evolve, and a parenting plan that once worked may no longer fit a child’s needs, schooling, or emotional well-being. A modification can help both parents realign their responsibilities in a way that supports the child’s growth, sense of security, and relationship with both parents.
Tennessee law, however, has strict requirements regarding when it warrants a child custody modification. As such, it is essential to approach any modification with careful consideration and qualified legal guidance.
J. Ryan Johnson Law, a boutique family law firm located in downtown Nashville, has a legal team dedicated to helping families navigate complex post-judgment custody matters with compassion, precision, and a focus on long-term stability for their child. Contact us today to schedule a consultation on your child custody matter.
