Keeping Families Strong In Tennessee

Nothing hurts more than watching your child suffer because their other parent is irresponsible. At The Garner Law Firm, we understand that sometimes circumstances change, and parenting plans require modification. If you find yourself in this situation or believe the current plan is unjust, we can help you change or modify the terms of your agreement. Our family law attorneys will guide you through the heartbreak to a brighter future. Call us today for a free consultation at 615-502-4336.

Can I obtain Sole Custody in Tennessee?

In 2001, Tennessee required all couples involved in custody disputes to adopt formal parenting plans. The state determined that the best interest of the children is served if they are allowed to spend time with both parents except in cases of abuse or neglect. Therefore, sole custody was changed to “primary residential parent” (PRP). The PRP is the parent with whom the child spends 50% or more of their time. The parent the child does not live with is the “Alternative residential parent” (ARP).

In Tennessee, any changes to a formal custody agreement or parenting plan must receive the family court’s approval. It’s crucial to have a valid reason for requesting a modification. Personal feelings, like disliking the other parent or wanting to limit their access to your child out of resentment, won’t be considered enough—especially if it’s not in the child’s best interest. The court prioritizes your child’s well-being above all else.
When considering a change to a parenting plan, consider whether the modification truly supports your child’s best interests.

It’s a serious decision, and the court will carefully assess the situation to ensure the best outcome for your child.

How Can I Modify My Parenting Plan?

If you’re considering changing your parenting plan, there are several supportive options available to help guide you through the process. 

• Mediation- The court encourages parents to make every effort to agree amicably before resorting to litigation. Private mediation services are available to help foster a neutral and constructive dialogue. Your attorney can connect you with the right resources if needed.
• Formal Petition to the Court– If you and the other parent cannot agree, you may need to file a petition to modify your parenting plan with the court. Under Tennessee law, the court will consider a request for modification if a substantial change in circumstances directly impacts your child’s well-being and if the proposed changes serve your child’s best interests.

Navigating this process can feel overwhelming, but having a knowledgeable legal team by your side ensures your rights are protected and your child’s needs remain the top priority. Manage strong emotions during this time, focusing on what truly benefits your child.

Reasons for Obtaining a Change in Custody

There are various circumstances under which someone might seek to modify their custody agreement. In Tennessee, the family court must approve any changes to a formal custody agreement or parenting plan. Valid reasons for requesting a modification are essential, as the court will dismiss cases based on personal animosity or attempts to restrict the other parent’s access to their children.

Examples of Acceptable Reasons for Modification:

• My ex-husband recently received a DUI, and I want to prevent him from having unsupervised visits with our daughter.
• My ex-wife consistently fails to utilize her parenting time, and I want to adjust the agreement accordingly.
• My circumstances have changed since the original divorce agreement, and I now wish to have more parenting time to play a stable, active role in my children’s lives.

What Are the Requirements to Modify My Parenting Plan?

The court will only consider your request if specific requirements are met:

• Timing: Generally, at least one year must have passed since the current parenting order was implemented. Exceptions to this rule include situations where the child may be in danger, or the other parent is not adhering to the parenting plan.
• Substantial Change in Circumstances: You must demonstrate that there has been a significant and ongoing change in circumstances that directly impacts your child’s well-being. The court will also assess whether the proposed change serves your child’s best interests rather than being driven by personal conflicts or resentment.

Tennessee also requires parents involved in custody disputes to attend parenting classes. These courses aim to support positive co-parenting, equip you with conflict resolution skills, and provide valuable tools to address the emotional needs of children during challenging times. The classes are available in both in-person and online formats to fit your schedule.

What If the Other Parent Ignores the Petition or Violates the Parenting Plan?

If the other parent is unresponsive or fails to follow the parenting plan, know you have options. Seeking guidance from legal counsel is essential in these situations. Your attorney may suggest filing a motion to enforce the order with the court or in cases where the other parent ignores the petition entirely. You might pursue a default action.

When Should I Call a Family Law Attorney for Help with a Parenting Plan Modification?

Navigating a court-ordered modification can feel daunting, but you don’t have to face it alone. If you must show that significant changes have occurred to justify revisiting the original order, consider contacting expert legal support. At The Garner Law Firm, we understand the complexities of Tennessee’s family law and are ready to walk with you every step of the way. Let us help you through this process and work toward a brighter future. Call 615-502-4336 for a free consultation—you don’t have to go through this alone.