How to Change a Parenting Plan in Tennessee
Often, after parents have completed a divorce or have otherwise obtained an official Permanent Parenting Plan, one or both parents will want (or need) to change some aspect of the child’s schedule, or alter another piece of the permanent parting plan.
But can one do that? If so, how? This article will help parents begin to understand this post-divorce process. For more information and specific advice on how best to approach your own situation and your circumstances, contact the esteemed post-divorce and family law attorneys at Fort, Holloway & Rogers.
What is a Permanent Parenting Plan?
A Permanent Parenting Plan is an official court order. It is awarded as a result of a divorce or separation that requires parents of an underage child to agree upon terms related to child custody. The permanent parenting plan will address all aspects of custody and parenting, to include the child’s schedule, custody, child support, etc.
Because the Permanent Parenting Plan is an official court document, it is important that you stick to the terms of the plan. Serious consequences can occur if you breach the terms of the plan. But no one has a crystal ball to see into the future. Things change and sometimes the terms of a permanent parenting plan simply do not work anymore.
Fortunately, there is a process for changing, or modifying, even a “permanent” parenting plan.
How Can You Modify A Permanent Parenting Plan?
There are two ways to go about changing, or modifying, an existing permanent parenting plan post-divorce.
- Parental Agreement: Your divorce (or separation) did not sever your ability to parent. Nor do the courts encroach upon a parent’s authority, to the maximum extent possible. Generally speaking if both parents come to an agreement that certain aspects of the permanent parenting plan need to change, this change can be done by agreement of the parties. The court does not have to have input or approve (generally) if the parents can agree to the change.Please note that it is wise to make these agreements in writing. Which could include a text, or an e-mail. What is important is that there is a record of the agreed-upon change, and that both parties are aware and on board. This will help clarify any potential disputes in the future.
- Under certain circumstances, a parenting plan may be changed even if a parent does not agree to the change. This is done via a Court-ordered modification. This is accomplished when a parent petitions the court and requests a change. This will usually require proof of a material change in circumstances, and the Judge agreeing that the requested change is in line with the best interests of the children.
Court Considerations
The court makes many considerations in deciding whether to grant a request to modify an existing parenting plan. Anything relevant to whether the change is in the best interests of the children could be considered, such as:
- each parent’s relationship with the child;
- whether a parent encourages a relationship with the other parent;
- the child’s relationship with other members of a parent’s household (siblings, step-parents, etc.);
- the child’s wellbeing at each home;
- the importance of continuity in the child’s life; etc.
Contact Fort, Holloway & Rogers
If you have questions or want experienced advice concerning post-divorce modifications, contact one of the esteemed Franklin divorce attorneys at Fort, Holloway & Rogers. Our team can offer practical, measured, and knowledgeable perspectives on your best path moving forward.
Sources:
tncourts.gov/programs/parenting-plan
tn.gov/humanservices/for-families/child-support-services/child-support-services-features.html
