During a divorce, there are many issues that must be addressed and the process is rarely cut and dried. In addition to determining how property and debts will be allocated and whether or not one spouse owes the other alimony, if the couple has children together then custody must also be discussed. Custody arrangements created during divorce proceedings are official orders and legally enforceable, but they are not technically permanent. Circumstances, the child’s needs, or the abilities of either parent may change over time which means it is possible for custody arrangements to be changed even after a divorce. As a parent, it is important that you understand how and when a modification can be made. For additional information, reach out to a Memphis, Tennessee child custody lawyer today.
Can Custody Arrangements Be Changed After a TN Divorce?
Tennessee state law does allow custody arrangements to be changed but only under specific circumstances. Custody orders can be altered in two ways:
- The parents agree to a new parenting plan
- One parent requests a modification with the court
Under Tennessee Code Ann. Section 36-6-405(d) which was updated in 2024, parents can agree to a modification of an existing permanent parenting plan. If the parents are able to communicate about changes and create a new plan, they may submit it to the court for approval.
If the two are not in agreement, a change can still be granted through a petition with the court. Tennessee law allows for the modification of custody arrangements under specific circumstances. Both parents, whether custodial or noncustodial, have the right to request a review for adjustment of custody at any time, but the parent who wants to change the custody order must prove that there has been a substantial change in circumstances that justifies the modification.
Will the Court Grant a Modification?
Modifications are only allowed when either of the parent’s or the child’s circumstances have changed drastically enough that it warrants a new arrangement. Some common reasons that may justify the change in custody include the following.
- One parent wants to move to a different city or state and the move would disrupt the child’s life or the custody arrangement
- The child develops special emotional or physical needs significantly different from their needs when the original custody order was signed
- The child has gotten older and developed a strong preference for living with one parent over the other with valid and logical reasons
- One parent’s behavior has changed significantly like they developed a substance abuse problem, they were incarcerated, they have become abusive, etc.
There are several reasons that the court may approve a change in custody even after the divorce is finalized. For more information contact a skilled attorney at Rice Law today.
