If you are the parent of a minor child, and you are divorced or otherwise not living with the child’s other parent, you are likely to have an official Parenting Plan in place. Whether created as a part of the divorce process or in a separate proceeding, a court approved Parenting Plan is effectively a set of court orders related to the care, custody, and decision-making for the minor child. These are legally binding orders that must be followed by both parties. Sometimes, however,
either or both parties want to modify the terms of a Parenting Plan. If you find yourself in that position, you may wonder whether you can make changes to your Parenting Plan and whether going back to court is necessary to do so. To help answer those questions, a Murfreesboro family law attorney at Bennett | Michael | Hornsby discusses whether returning to court is necessary to modify your Tennessee Parenting Plan.
Understanding a Parenting Plan in Tennessee
Tennessee law requires that divorcing or separated parents of minor children create a Parenting Plan that outlines things such as decision-making authority, conflict resolution between the parents, parenting time schedule, child support, and payment for health insurance, childcare, and extra-curricular activities. Once a court approves a Parenting Plan, the terms and provisions of the plan become court orders. Consequently, any deviation or violation of the plan may subject the applicable party to sanctions or other remedies available to the court. It is crucial to understand that unless the court has approved a modification of your Parenting Plan, the terms of the plan remain in effect.
Why Might We Need to Modify Our Parenting Plan?
The terms of a Parenting Plan are created at a specific moment in time, often when the child(ren) are very young. Several years later, circumstances may dictate the need to review the terms of your Parenting Plan. Common life events or circumstances that may prompt the desire to modify a Parenting Plan include:
- A parent relocates due to work or personal circumstances.
- The child’s health, educational, or behavioral needs have changed significantly.
- One parent consistently fails to comply with the current plan.
- There has been a significant change in a parent’s financial circumstances.
- A parent’s work schedule changes in a way that affects their ability to follow the existing plan.
- A child reaches an age where their preferences may be considered by the court.
Do You Always Need to Go to Court to Modify Your Tennessee Parenting Plan?
The prospect of having to return to court to modify your Parenting Plan probably does not sound very appealing. The good news is that you may not be required to go through a full court hearing to make changes to your plan. If both parents agree to the requested changes, it is possible to execute and file an Agreed Entry with the court. In that case, the court simply needs to review and approve the changes for the modifications to be made. It is crucial to understand, however, that simply agreeing to the changes, without a court order, is not the same as filing an Agreed Entry. It is not wise to rely on an out-of-court agreement you have with the other parent because, should that agreement fall apart, you could be held responsible for violating the terms of the Parenting Plan. If you have reached an agreement with your child’s other parent, take the crucial next step and file that agreement with the court.
By the same token, if you do not have an agreement regarding the requested changes, a return to court becomes a necessity. In that case, the parent seeking a modification must file a petition to modify the Parenting Plan with the court and serve the other parent with a copy. The court will set the matter for a hearing at which both parties will be allowed to present testimony and/or evidence in support of their position. The court will approve or deny the requested modification(s), always using the “best interest of the child” standard when making decisions that impact the child(ren).
Do I Need an Attorney to Modify My Tennessee Parenting Plan?
While there is no legal requirement that you retain an attorney to modify your Tennessee Parenting Plan, doing so is in your best interest. This is particularly true when you do not have an agreement on the prospective modification(s). Even if you have reached an agreement regarding the modification(s), failing to follow the proper legal procedure can result in confusion, unenforceable agreements, or even contempt of court charges if a parent deviates from the plan. Working with an experienced Tennessee family law attorney can help ensure that your modification request is properly documented, clearly justified, and properly presented to the court.
Contact a Murfreesboro Family Law Attorney
If you have additional questions about how to modify your Parenting Plan in Tennessee, consult with an experienced Murfreesboro family law attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
