Franklin Child Custody Lawyer Handles Modifications
Changes to your custody arrangement don’t come easy in TN, but working with an experienced attorney is much more likely to get results
When you initially negotiate a child custody arrangement after your divorce or separation, the law says to make a decision based on the best interests of the child. No matter how much time has passed, that will continue to be the primary concern when determining if changes need to be made to the custody arrangement. Unfortunately, proving something has significantly changed to the point the agreement needs to be modified can be quite difficult. That’s why you need to work with an experienced, knowledgeable Franklin child custody lawyer if you want to make any changes to your custody order.
I’ve been helping Franklin and Nashville-area residents modify child custody agreements for 20 years, and I understand what grounds the courts need to see to be persuaded to make changes. I work with you to put together the evidence and make a strong argument for change, to make it much more likely the children’s interests are protected, rather than suffering under the status quo.
What do courts need to make child custody modifications in TN?
If you challenge an existing custody order, you can’t just say that the situation is no longer in the best interests of the child. You have to show grounds, and you have to prove them.
One of the first things that a court looks at is whether there has been a material and significant change in the circumstances of the primary custodial parent. Is that person now unemployed? Has the person experienced foreclosure or filed for bankruptcy? Is the parent struggling to keep the lights on? Answering “yes” to any of these questions may not mean the court will change the custody order, but it does mean you can ask a judge to examine the custody order and determine if it’s still the right arrangement for the child.
Other issues that the court may consider for modifying child custody include:
- Whether the needs of the child have significantly changed, such as if physical or mental health needs are present
- Significant changes to the primary parent’s living situation
- Failure of the primary parent to adhere to the approved parenting plan, such as denying visitation
- Proven alcohol or drug abuse on the part of the primary parent
Any circumstances used to ask for a child custody modification must be material and significant, which is a matter of interpretation for the court. Therefore, you likely won’t be able to modify your order if the primary parent moves 30 miles away, but you might be able to if the parent moves 3,000 miles away.
I help you understand the legal grounds for child custody modification and to put together the strongest case for your best chances of success. If you are not able to modify your custody agreement, you may be able to meet the much lower hurdles to tweak your parenting time. I help you understand your legal options and preserve the type of relationship you want with your children.
Why you need a Franklin child custody lawyer to modify your agreement
Modifying a child custody agreement almost always requires going to court, and when you get there, you are going to have to make arguments for why the change needs to be made and provide evidence supporting your claims. The burden of proof is on you, not the primary custodial parent.
In many cases, parents don’t have much more than their own testimony — circumstances they have noticed that indicate a change. However, this testimony is not always going to be enough.
I work with you to find other witnesses who can corroborate claims, including sending subpoenas to employers, family members, and others who may have knowledge of the changes. I also work with investigators and other specialists who can uncover evidence about finances, or who can offer expert testimony about the effect of the parent’s lifestyle changes on the children. I help you explore every avenue possible to try to get the child custody modification you want.
Call today to get the legal knowledge and savvy you need for your Tennessee child custody modification
If you are ready to modify your child custody order, call my office today to schedule a free, 20-minute consultation on the phone or in the office. I will talk with you briefly about the major issues in your case and let you know what your legal options might be. If you decide to move forward, we will get to work on building the strongest case possible within the timeline needed. Call my office today at (615) 791-8511 or use my secure online form to start the conversation. I provide realistic and honest feedback about your case so you can get a reasonable understanding of what to expect.