A parenting plan is required when parents go through a divorce or separation in Tennessee. This detailed agreement outlines how both parents will share time and responsibilities for raising their children.
But as every parent knows, life does not always stay the same. Work schedules shift, kids grow, people move, and sometimes what worked before no longer fits. In these situations, you may have to ask for a modification.
If you’re wondering whether it is time to adjust your parenting plan, here is what you need to know about navigating parenting plan modifications in Tennessee. We will look at when and how you can seek changes.
When Can a Parenting Plan Be Changed?
In Tennessee, you cannot update a parenting plan on a whim. There is a formal process. You will need to show that there has been a material change in circumstances. This is substantial and lasting and impacts the child or the current arrangement. Some common examples include:
- One parent relocating or planning a move
- Major changes in a parent’s work hours or availability
- A pattern of missed visits or failure to follow the current plan
- Concerns about the child’s safety, health, or well-being
- The child’s needs evolve over time involving school, health, or social life
- The child getting older and expressing a strong, reasonable preference
Courts will not approve a modification because one parent is frustrated or things feel inconvenient. The child’s best interest is always the top priority.
What Type of Changes Can Be Made?
Tennessee courts will allow a parenting plan modification if it fits into two main categories:
Changes to the Parenting Schedule
This is the most common type of modification. If your job changes or your child is now involved in after-school activities that conflict with the current schedule, a change may be needed.
Changes to Decision-Making Responsibilities
This type of change is a bit more complicated. If you want to modify who decides about your child’s education, health care, or other major areas, you must meet a higher legal standard. The court will want to see that the current arrangement is no longer working. You will need to show that a change would benefit the child in a meaningful way.
How to Modify a Parenting Plan
If you feel you have met all the criteria to make a change, you may want to start the process. In most cases, discussing your plans with the other parent is a good idea. Getting a modification can be more successful if they are willing to work with you.
In any case, you can start by filing the petition with the court. You need to explain why you want to make changes. Make sure to provide plenty of details to support your cause.
Whether or not you are on good terms with the other parent, they must be notified of any changes. They also have a right to respond to your request. In some cases, both parents agree to the change and can submit a revised plan together for court approval.
If there is a disagreement, the court may require you to attend mediation as a first step. This can be a less adversarial way to work through differences and reach a solution together.
Unfortunately, mediation does not always work. In this situation, your case will go to a hearing where a judge will hear both sides. They will look at the evidence and determine what’s best for the child. The new parenting plan becomes a legally binding court order if your request is approved. Both parties will be expected to abide by it.
Modifying a parenting plan requires more than filling out forms. You need to make a case to the court about what is best for your child. For that reason, you will want to work with a skilled family law attorney. They can help you gather the right evidence, present your story, and navigate the process with your co-parent.
We Can Assist with Your Tennessee Child Modification Plans
If your current plan no longer works, modifying it might be the best way to protect your child’s needs and keep things running smoothly for your family. Navigating parenting plan modifications in Tennessee can be difficult, but we are here to help during this time.
At Easter & DeVore, Attorneys at Law, we will protect your interest as you move forward with this modification process. Reach out to us today to schedule a consultation for your case.
