When going through a divorce, child custody arrangements can be established either before or after filing, depending on whether the spouses file jointly or separately. While custody is typically finalized during the divorce proceedings, it is possible to modify custody arrangements if necessary. Here is the legal process involved in changing child custody arrangements.
Modifying Custody
In Tennessee, if both parents are in agreement, custody modifications can be made without involving the courts. However, if one parent fails to uphold the agreement, the other parent has no legal recourse. To ensure the agreement is legally binding and enforceable, it is advisable to have a family law attorney in Maryville, TN file a modification request for the child custody agreement.
Filing without Agreement
In cases where the other parent does not consent to modifying the original child custody agreement, the requesting parent can still pursue the modification by filing a written request in court through their family law attorney. However, the parent seeking the change must demonstrate a “substantial change in circumstances” that directly affects the child’s well-being. Some examples of qualifying circumstances include:
- Relocation of one parent to another state, causing disruption to the child’s stability.
- Changes in lifestyle that may endanger the child.
- One parent being sentenced to prison.
When considering a modification to a child’s custody, the courts prioritize the child’s best interests. This involves safeguarding them from potentially dangerous situations or avoiding disruptions to their stable environment. If you require guidance on modifying a custody agreement, visit shepherdandlong.com for more information.
If you have concerns about your child’s safety while they are with your ex-spouse, it is crucial to consult with a family law attorney immediately. They can assist you in obtaining a custody modification to protect your child. For more information about hiring a family law attorney in Maryville, TN, visit Shepherd and Long, P.C.
