Can I Modify a Custody Agreement Without Going to Court in Tennessee?

Child custody agreements are created to ensure that the best interests of the child are prioritized in the aftermath of a separation or divorce. At the time the court approves the custody order, it reflects what is best for the child in terms of access to each parent, proximity to school and relatives, etc. However, as life circumstances change, the needs of the child or parents may change too. As a parent in Tennessee, you may wonder whether you can modify your custody agreement without the hassle of going to court. If you need to make alterations to the arrangement, it is imperative that you understand your legal rights and options. Reach out to a Memphis, Tennessee post-judgment modification lawyer for more information and skilled representation today.

Can I Modify a Custody Agreement Without Going to Court in TN?

There are a few ways that you and your child’s other parent can modify your custody agreement without having to wait for a court date and pay the associated legal fees. However, they all require that both parents are in agreement about the changes.

First, you and your former partner can simply discuss the changes and create a new plan on your own. If you both are in agreement that modifications need to be made, you can hammer out the details on your own and draft a new parenting plan. The court will review and approve the new agreement, given that it is in the best interest of the child.

If you and the other parent cannot agree, however, you may need outside help, such as mediation. Mediation is a form of alternative dispute resolution where you and the other parent meet with a neutral third party who acts as the mediator. They help with negotiations by guiding the conversation, ensuring both voices are heard, and working toward a resolution. If a new agreement is made during mediation, the mediator will draft a document to be reviewed by the court.

When Will a Court Approve a Custody Change?

Whether you and your child’s other parent come to an agreement or the court has to intervene to make a decision, a TN court will only approve a custody change when there is evidence of a substantial change in circumstances that warrants a modification. Examples of situations where a court may approve a change include the following.

• A parent moves far away
• A parent gets a new job with a different schedule
• The child’s needs change significantly
• A parent is found unfit, like if there is evidence of abuse, violence, or neglect
• A parent develops a mental or physical health issue that affects their ability to care for the child

It is important to understand that only an official court can approve changes to custody agreements. Even if you and your child’s other parent enter into an informal agreement, it is not legally enforceable and can result in conflict and disputes later on.

To learn more and secure experienced legal counsel, contact an attorney at Rice Law today.