By Jorie Zajicek and Ryan C. Davis
Modifying a Permanent Parenting Plan
Anytime that parties with minor children are divorcing, a “permanent parenting plan” is required before the divorce can be finalized. Parties that have not been married may also have a permanent parenting plan as a result of a juvenile court proceeding. The permanent parenting plan essentially establishes the parties total number of parenting days each year, how holidays are divided, how much child support is to be paid, and who is responsible for things like health insurance.
In an attempt to provide children with stability and predictability, a permanent parenting plan is intended to be as “permanent” as possible, but there are times when a modification is both appropriate and necessary. However, before a court can modify a permanent parenting plan, or otherwise change custody of a child, the court must consider whether there has been a substantial and material change in circumstances that justifies the change. If there has not been a substantial and material change in circumstances then the court will not modify the parenting plan or make any custody changes. However, if there is a substantial and material change in circumstances, you must also prove that the modification is in the best interests of the child.
Generally speaking, a substantial and material change in circumstances is something that alters the conditions of the child’s life significantly enough to justify the court making a change. However, the threshold in determining whether a substantial and material change in circumstances exists depends on the significance of the requested modification. For example, if you are the alternate residential parent and you want to modify the parenting plan to become the primary residential parent, the threshold is significantly higher than it would be if you wanted one more week of parenting time in the summer. Nonetheless, no matter what the threshold, determining whether a substantial and material change in circumstances exists depends on what has changed since the last court order. For examples of what may constitute a substantial and material change in circumstances see our Education Center post on What Constitutes a Substantial and Material Change in Circumstances.
If you are able to prove that there has been a substantial and material change in circumstances, the Court will then consider whether the modification serves the best interest of the child. Tennessee Code Annotated § 36-6-106 lays out relevant factors that the court should consider when making this determination. For more information about the factors the court considers, see our Education Center post Is the Modification of the Parenting Plan in the Best Interest of the Child.
If there has been a substantial and material change in circumstances such that a modification of the permanent parenting plan is in the best interest of the child, then the courts may modify your parenting plan and give you more time with your child. An experienced family law attorney can advocate on your behalf in custody and child support disputes. The attorneys at Ryan C. Davis Law, PLLC provide comprehensive legal guidance to individuals in all aspects of family law, including child support, child custody, and divorce matters. Call 615-649-0110 to schedule a consultation today.
