As our children grow, their needs change, and so do yours...
Does your current arrangement for the care and support of your children need modification?
Tennessee Courts now require a Parenting Plan in all cases involving the residential placement of a child. This document establishes the following:
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residential time with each parent
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decision-making, the child support
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tax deductions
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health insurance
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medical expenses
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travel arrangements, and
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dispute resolution arrangements.
A modification of a current child custody order or parenting plan requires an investigation into the reasons that you believe that a different situation exists today than existed at the time of the last court order. As children grow, their needs change and the roles the parents play in their lives will be different. A young son who is a toddler at the time of a divorce may have a longing to spend more time with his father as he becomes a young man.
The parties may agree to mediate these changes, or you may find that the only way to reach a resolution is to take the matter to the Court. The Courts are very reluctant to change prior orders regarding the placement of the children. You must be able to show them that a “substantial and material change” has occurred since the last order “affecting the welfare of the children” and that any change is in the “best interest ” of the children.
Occasionally, a parent will request the input of an expert in child psychology or another mental health area. These professionals can offer valuable information to the Court. Some Courts are more open to this information than others. Any consideration of the use of this type of testimony needs to be carefully considered with your attorney. Special needs of your children such as Attention Deficit Hyperactive Disorder, Obstinate Defiance, or learning disabilities should be considered in your placement schedule.
A change in your child's residential placement may mean making small changes. It may not require a total change in your child's daily routine or primary residence. If you have been the custodial parent, you should be sensitive to your children's changing needs as they grow. At different periods in their lives, they will feel a craving for each parent's attention. They will also have changing needs as they enter into their teenage years. Once they are old enough to be employed, both parents will want to be considerate of their work schedule as these are work habits that will last a lifetime.
The law in Tennessee provides that the Court SHALL consider the reasonable preference of a child that is twelve years old or older . Keep in mind that the child does not decide the ultimate issue, but that he/she can state to the Court a preference on where he/she would primarily like to live. Placing a child in the position of testifying can be emotionally taxing on him or her. Use caution on making the decision to place them in the Courtroom. Rarely is a child of twelve ready to take on this heavy responsibility.
The Court will consider several factors prior to making a custody determination or a modification, such as:
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Stability of the family or living situation
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Ability to financially support the child
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Interference by one parent in the other parent’s ability to develop a relationship with the child
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Issues involving substance abuse, drugs, alcohol, and prescription drug abuse
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Behavioral issues
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Attention to medical, dental and education needs of the child.
You will be provided a copy of this list so you will know how we are trying to organize your case. The more we can get the information about your family into the categorical description provided by the law, the easier it will be to get the Court to favor your case.
Are you ready to proceed? You may email or call for a consultation appointment. We will forward to you an outline of the information we will need.
Skilled Tennessee Child Custody Lawyer
At LawCare , we are committed to helping people in communities such as Nashville, Brentwood and Franklin, Tennessee deal with complex child custody matters. Our firm can be reached by phone at (615) 661-0122, by e-mail, or by filling out our in-take form.
