When the parents of a minor child get divorced in the State of Tennessee they are required to create and submit a parenting plan with the court. Ideally, the parents are able to agree on the contents of the plan which typically includes things related to custody and visitation of the children as well as financial issues relating to the children. If the parents are unable to agree on something that should be in the parenting plan the court will make the final decision. Once the parenting plan has been incorporated into the divorce decree the contents of the plan become orders of the court. If you are operating under a parenting plan and wish to change or modify the visitation schedule in the plan you may we wondering “ What do I have to prove to modify a parenting schedule in Tennessee? ”
If you wish to change the parenting schedule found in your Tennessee parenting plan you must do so by petitioning the court for a modification. Even if you and the child’s other parent may reach an out of court agreement to modify tee schedule, those changes are only enforceable if a judge signs off on them. Therefore, it is in your best interest to pursue an official modification of the parenting schedule by petitioning the court where the divorce was finalized.
Tenn. Code Ann. §36-6-101(a)(2)(C) governs modification of the parenting schedule found in a permanent parenting plan and sets the standard with regard to what you must prove in order to modify the plan which reads as follows:
“a material change of circumstance affecting the child’s best interest. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance for purposes of modification of a residential parenting schedule may include, but is not limited to, significant changes in the needs of the child over time, which may include changes relating to age; significant changes in the parent’s living or working condition that significantly affect parenting; failure to adhere to the parenting plan; or other circumstances making a change in the residential parenting time in the best interest of the child.”
If you wish to modify your parenting plan schedule in Tennessee it is in your best interest to consult with an experienced Tennessee family law attorney before moving forward. Contact the experienced Tennessee family law attorneys at Bennett, Michael & Hornsby today by calling 615-898-1560 to schedule your appointment.
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