Once there is a determination of primary residential parent, under what circumstances may it be modified?
First, there must be a material change of circumstance. Second, the modification must be in the best interest of the child. Tennessee appellate courts have decided what can be considered a change in circumstance. In general, for a court to find a change of circumstance, an important consideration will be whether or not the child is doing poorly in an important aspect of life, such as school performance, and the reasons therefore. Unless there is something objectively wrong with the child, a court may be unwilling to change what appears to be working. Further, under most parenting plans, the parents will be required to mediate these disputes prior to heading to court.
Related Questions
- What effect does an allegation of child abuse or neglect have on the determination or modification of the choice of who is to be the primary residential parent?
- Must a mother be declared unfit before a father will be granted primary residential parent and be awarded final decision-making authority?
- What is a primary residential parent?
