Custody Modifications

Tennessee refers to “custody” as the primary residential parent status, or custodial parent, and alternate residential parent status, or noncustodial parent, instead of using the terms custody and custodial parent.  

The court may alter the parenting status if there is material change in the child’s circumstances such as abuse, problems at school, behavioral problems, a detrimental home environment, etc. The court can award primary parenting to the other parent.

Relocating more than 50 miles or out of Tennessee with the children requires the noncustodial parent’s permission or the Court’s permission by court order if the other parent does not agree to the relocation. The Court considers, among other things, the amount of parenting time, the children’s ties to the present area and the reasons for the move.  You need a strong and experienced advocate for any contested custody proceeding to help the Court determine whether the custodial parent is relocating for vindictiveness or other selfish reasons or if there is an acceptable reason which could include whether the parent found a better job, a better school for the child or is remarrying.

 

Child Support and Child Support Modifications

The law will not permit a child to go unsupported. The Courts take into account a number of factors when calculating child support, including the amount of time each parent spends with the child, who pays daycare or aftercare costs and healthcare costs, the income levels of both parents, and if either parent is supporting other children. Child support is usually paid by the alternate residential parent, or the noncustodial parent. That person is determined by the parenting plan or court order. Even if you were not married to the other parent of the minor child, the law will still require that child support be paid for the maintenance of that child.

Child support orders can be modified upon a showing of a significant variance in the amount of the child support obligation. Some situations that can give rise to a significant variance include either parent being legally obligated to support an additional child, increased childcare, healthcare or income that results in a 15% change in the amount of the support currently being paid.

To speak to one of our legal professionals who is dedicated to communicating with you, is sensitive to your needs and is an effective and skilled advocate, contact the law firm of Karnes Legal Services, at 731-668-9529 Ext 101 Ext 101. Or, if you prefer, send us an e-mail using our secure online form. We accept all major credit cards.