Custody

If you are trying to change (modify) the part of the court’s order that deals with custody, you have to prove that there has been a substantial (material) change in circumstances since the order was issued. The law lays out the following examples as material changes of circumstances but there can be others as well:

• the failure to follow the parenting plan or the custody order;
• the parenting plan is no longer in the best interests of the child;¹ or
• the other parent is criminally indicted for aggravated child abuse, child sexual abuse, or severe child sexual abuse.²

If you are trying to change (modify) the part of the court’s order that deals with residential parenting schedule, you have to prove that there has been a substantial (material) change in circumstances that affects the child’s best interests since the order was issued. The law lays out the following examples as material changes of circumstances but there can be others as well:

• 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 follow the parenting plan; or
• other circumstances that would make a change in the residential parenting time be in the best interest of the child.³

Note: To change the custody order or residential parenting schedule, you do not have to prove that there is substantial risk of harm to the child. However, if there is such a risk, this could be a reason to ask for the order to be changed.⁴

¹ TN ST § 36-6-101(a)(2)(B)(i)
² TN ST § 36-6-101(a)(2)(A)(v)
³ TN ST § 36-6-101(a)(2)(C)
⁴ TN ST § 36-6-101(a)(2)(B)(i), (a)(2)(C)