Can the primary residential parent designation be modified?
Yes, in certain situations. 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 sufficient to support changing the primary residential parent, it
will consider whether or not the child is doing poorly in an important aspect
of life, such as school performance, and the reasons for the problem. 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.
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