In Tennessee, any case that involves the placement of a child must include a parenting plan, which is filed with the court. The child’s parents can mutually construct the plan, or the court can develop a plan if the parents do not come to a mutual agreement.
Nevertheless, a parenting plan may need to be revised as life changes occur. As a child grows, his or her needs might evolve. For example, when a child enters a new school or a parent’s job schedule changes, the initial parenting plan may need to be adjusted.
Fortunately, if your parenting plan no longer works for your particular child, the plan can be legally modified.
Courts generally look for a material change in circumstances before granting any modifications to the plan. A material change would one that may not have been anticipated at the time of the plan’s initial construction.
If you need to revise your parenting plan, you can file for a modification with a Tennessee court. In doing so, you will need to submit a new proposed parenting arrangement. Within this process, you must file and serve the modification papers on the other party. If the other party opposes any plan changes, he or she must appear at a modification hearing to contest the plan.
Tennessee courts consider various factors when evaluating whether to grant a modified parenting plan. For example, the judge will evaluate the stability of all parties’ homes, the parties’ ability to support the child (financially and emotionally) and behavior issues of the child. Sometimes, courts will consider a child’s preference if he or she is 12 years old or older. Ultimately, the court’s decision comes down to the best interests of the child.
However, before your modification request goes to court, you may be asked to work with other parties to revise the plan. In other words, courts prefer that parents attempt to work things out on their own. You may have to engage in mediation or another collaborative process to resolve any disputes.
Mediation is a way of coming to an agreement with the help of a neutral third party. If you are fortunate to decide upon a mutual parenting plan within this process, the accord can be filed with the court and put into place. If mediation does not work, you will need to appear before the court to plead your reasons for the modification.
Sometimes, life changes make it impossible to continue your child’s initial parenting plan. You want a schedule that comprehensively meets the needs of your daughter or son. However, there are many steps involved in modifying a parenting plan in Tennessee. If you anticipate a change in your parenting schedule, you may want to speak with a knowledgeable family law attorney. A lawyer can help you assess your case.
Article provided by Mitchell A. Byrd, PLLC
Visit us at www.mitchellbyrd.com
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