Friday, August 16, 2013

Can I Modify My Parenting Plan?

Parenting Plans can be modified.  You have to show that a material change in circumstances has occurred.  It is possible that the other parent’s failure to abide by your current parenting plan may constitute grounds to prove that a material change in circumstances has occurred thereby justifying a modification of your current parenting plan.

Tennessee law provides, “If the issue before the court is a modification of the court's prior decree pertaining to custody, the petitioner must prove by a preponderance of the evidence a material change in circumstance. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody and visitation or circumstances that make the parenting plan no longer in the best interest of the child.” T.C.A. 36-6-101(a)(2B).

Is your child’s other parent following your parenting plan?


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