Need to change or modify a custody/visitation order?
You need to show a “Material Change of Circumstances.”
Tennesse Law says that:
- 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.
The Court has almost unlimited discretion to determine whether any change in circumstances is one that serves the child’s best interest (which has it’s own analysis: click here), but the Court does have to spell out their decision and provide sufficient facts (from evidence presented at a hearing) that justify the Court’s decision.