If there are minor children involved in a Tennessee divorce, getting a Parenting Plan approved by the court is a required step before the divorce can be finalized. As the children grow, and circumstances change, however, you may wish to modify the terms of that Parenting Plan. Understanding the steps involved in the modifying a Parenting Plan can help parents navigate this legal procedure effectively. With that in mind, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby explains the steps involved in modification of a Tennessee Parenting Plan.
Parenting Plan Basics
Tennessee law requires parents to submit, and the court to approve, a Parenting Plan that outlines how parents will share rights and responsibilities
relating to their children after a divorce. Although additional topics may be covered in a Parenting Plan, a basic plan addresses things such as:
- Decision-making authority.
- Conflict resolution between the parents.
- Parenting time schedule.
- Child support.
- Payment for health insurance, childcare, and extra-curricular activities.
Modification of a Tennessee Parenting Plan
When you go through the divorce process, the terms included in the final decree issued by the court, including the Parenting Plan, become orders of the court. As such, both parties must adhere to those terms unless they are modified by the court. As your children get older, you may find it necessary to seek a modification of the Parenting Plan for a variety of reasons. Because every situation is unique, consultation with an experienced Tennessee divorce attorney is crucial when attempting to modify a Parenting Plan; however, it helps to learn what steps are typically involved in a Parenting Plan modification, such as:
- Attempt to Get the Other Parent to Agree: If the other parent agrees to the changes you wish to make, the entire modification process is much easier as it can be accomplished by submitting an agreement to the court for approval.
- Establish a Material Change in Circumstances for Most Modifications: If the other parent does not agree to the desired modifications, you will need to prove that a “material change in circumstances” has occurred since the original plan was created for all changes except a change to the Permanent Residential Parent (PRP). Common examples of a material change in circumstances include your need to relocate for a job, changes in the child’s educational or medical needs, or job or family changes that warrant changes to the parenting time schedule. Keep in mind that all decisions made by the court must be made with the best interest of the child in mind.
- Determine If You Qualify for a Change to the Permanent Residential Parent: Tennessee does not use the term “custodial parent” anymore. Instead, one parent is designated as the “Permanent Residential Parent (PRP)” and the other the “Alternative Residential Parent (ARP)” in the Parenting Plan. The PRP is the parent with whom the child lives the majority of the time. If the modification you seek is a change to the PRP, you must prove a change in “circumstances that materially affect the child’s well-being” to prevail.
- File a Petition for Modification: The next step is to file a petition with the court having jurisdiction over the existing parenting plan. The petition outlines the specific modifications requested, the corresponding changes in circumstances, and formally requests the modifications desired. The other parent must be served with the petition and is given the opportunity to formally object within a specified time frame. If an objection is filed with the court, the court may set the matter for mediation.
- Mediation or Negotiation: Tennessee courts encourage parents to attempt mediation or negotiation before the modification request proceeds to a court hearing. Mediation is a process in which a neutral third party (the mediator) helps both parents work out a mutually agreeable modification. If negotiation and/or mediation is successful, the agreement is submitted to the court for approval.
- Court Hearing: If negotiation and mediation are unsuccessful, the case proceeds to a court hearing where both parents can present their arguments and evidence to support their position regarding the modification. The parent requesting the change bears the burden of proving that the modification is necessary to serve the best interests of the child. The court will consider several factors when deciding whether to grant the modification, including the child’s relationship with both parents, each parent’s ability to care for the child, any potential impact on the child’s stability, and the preferences of older children. Ultimately, the court will decide based on the “best interest of the child(ren).”
- Post Hearing: If the modification is granted, the court will issue a modified parenting plan which becomes a new court order, replacing the original parenting plan. Both parents are legally bound to follow the terms of the new plan, just as they were with the original. If the court denies the modification request, the original parenting plan remains in place. Keep in mind that failure to abide by the terms of the Parenting Plan can subject you to contempt of court.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about the steps involved in modification of a Tennessee Parenting Plan, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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