Glossary
Material Change in Circumstances
The legal threshold generally required before a Tennessee court will consider modifying an existing custody or parenting arrangement.
An existing order stays in force until a court replaces it. To get a new one, the parent asking for the change generally has to show that something significant has changed since the last order, and that the change affects the child’s wellbeing.
What qualifies depends on what is being modified. The threshold for adjusting a residential schedule is generally lower than the threshold for changing which parent is the primary residential parent. Relocation, a change in a parent’s work schedule, a child’s changing needs as they grow, or a parent’s failure to follow the existing plan can all be relevant.
Two points cause the most trouble in practice. Disagreeing with the existing order is not a change in circumstances. And modifications are not retroactive to the date circumstances changed, only to the date the petition was filed, so delay has a real cost.
General information about Tennessee law, not legal advice. How this applies depends on the facts of your matter.
Dealing with material change in circumstances?
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