Motion to Modify Custody and Visitation Order in Tennessee

Yes. In Tennessee, once a judge approves a custody or visitation order, you can still request changes later on. Parents often need adjustments because children grow, parents move, or life circumstances shift. For example, if your work schedule changes or if the other parent fails to follow the plan, you might ask the court to modify the order.

However, you cannot simply walk into court and say, “I want a new plan.” The law sets a specific test for child custody modifications. According to Keisling v. Keisling, 196 S.W.3d 703, you must first prove a “material change in circumstances.” Then, you must show that the change you seek is in the child’s best interest standard. If you cannot do both, the judge will likely deny your request.

Material Change of Circumstances

A “material change” means something major or meaningful happened since the original order. Maybe the child’s needs have changed due to a medical condition, or one parent moved out of state. Or maybe the parent who used to be stable is now facing serious problems like addiction. If it’s a minor shift or was expected at the time of the first order, the court might say it’s not “material.”

The Child’s Best Interest

Tennessee law and cases like Cranston v. Combs, 106 S.W.3d 641 emphasize that any custody order must serve the child’s best interest. If the modification helps the child have a more stable environment, better school arrangement, or improved emotional support, the judge might approve it. The judge looks at many factors—like each parent’s relationship with the child, ability to provide a nurturing home, and willingness to cooperate with the other parent.

If the father or mother is the one requesting the change, the court listens to both sides. The parent who resists the modification might argue that nothing big has changed, or that the new plan isn’t best for the child. The final decision depends on what the judge thinks benefits the child most.

When Can You Modify a Custody or Visitation Order?

There is no hard rule about how soon you can request a custody modification in Tennessee, but typically, you must wait some time unless an urgent issue pops up. If your case recently ended, the judge might want you to give the plan a chance, unless you can show a pressing concern.

Here are some examples of when a modification might be allowed:

• Significant Changes in the Child’s Needs: If the child develops special needs, like a health issue or educational requirement, you might need a new arrangement.
• Relocation: If one parent wants to move far away or to another state, that can disrupt the original schedule and might call for a new plan.
• Failure to Follow the Plan: If one parent ignores the existing order—like constantly refusing visits or skipping them—the court might adjust custody or visitation to protect the child or fix ongoing conflicts.
• Change in Parenting Ability: If a parent has a new job schedule that drastically limits their time, or if they are dealing with issues like substance abuse or instability, it might be time to revisit custody.

Case law such as Boyer v. Heimermann, 238 S.W.3d 249 shows that the judge checks whether the changes happened after the original order and whether they were unforeseen. If you knew or should have known about it when the first order was entered, it might not count as a valid reason to revisit custody.

How to File a Petition for Modification of Child Custody or Visitation Order

To begin, you must file a petition in the same court that issued your existing custody decree. The petition explains what has changed and why you believe you should get a new plan.

Here’s a general process:

• Write the Petition: You or your lawyer draft a document stating the facts of your case. Identify the existing custody arrangement, describe how life has shifted, and detail how these changes affect the child.
• Explain the Material Change: You must show that something important has happened since the last order was entered. Citing cases like Cranston v. Combs can help demonstrate you understand the standard.
• Prove Best Interests: After showing a material change, you must argue that your proposed plan meets the child’s best interest standard. For instance, if you propose more time with you, explain how it helps the child academically, socially, or emotionally.
• File the Petition and Serve the Other Parent: You then submit the paperwork to the court clerk and pay any fees. The clerk issues a summons, which must be “served” on the other parent—meaning you have to deliver official notice of the legal action.
• Wait for Response: The other parent can respond in writing, either agreeing, partially agreeing, or contesting your request.
• Attend Mediation or Hearing: Some counties require mediation first. If you cannot settle, a judge will hold a hearing or trial. You’ll present evidence and witnesses. The judge then makes child custody decisions regarding whether to grant or deny your petition.

Often, having a local attorney in Tennessee who knows the local rules can help you craft a stronger case. A legal consultation with a local attorney in Tennessee can also help you make sure you don’t miss deadlines.

What Are Temporary Child Custody Modifications?

Sometimes, you can’t wait for the full hearing—maybe a parent is moving in two weeks, or there’s a crisis at home. In those scenarios, Tennessee courts allow child custody modifications on a temporary basis, as explained by § 8-4 Petitions to Modify Custody Decisions. A temporary order might be used if:

• A parent’s deployment or job assignment demands a quick fix.
• The child’s immediate safety is at risk due to abuse or neglect.
• Another urgent reason arises that can’t wait for the usual, longer modification process.

These orders are meant to solve short-term emergencies. They typically remain in effect until a final hearing or until the situation is resolved. For instance, if the other parent is in a hospital for a lengthy stay, the court might let you temporarily have more custody. After they recover, the judge might revert to the old plan or hold a new hearing to see if the temporary plan should become permanent.

Do I Need a Lawyer To Modify a Child Custody or Visitation Order?

Modifying a Tennessee custody or visitation order is possible but requires proving a meaningful change in your child’s life circumstances. If that threshold is met, the judge then checks whether the new plan aligns with the child’s best interests. From drafting a solid petition to arguing in court, having a lawyer’s help can be helpful, especially if the other parent fights your request or there’s an urgent need for a temporary fix.

Sometimes, you can find an attorney who offers a free initial consultation. This meeting helps you see if the cost is worthwhile for your situation. If you’re worried about the cost of family lawyer services, you can ask about payment plans.

If you need help navigating child custody modifications or want personalized advice, consider contacting a Tennessee child custody lawyer through LegalMatch. A local attorney in Tennessee who knows the rules can improve your odds of a successful outcome and ensure you meet all legal requirements for changing your custody or visitation order.