Understanding the legal standards and case law for modifying a parenting plan can help you make better choices

Introduction

In Tennessee, the modification of a permanent parenting plan is governed by Tennessee Code Annotated § 36-6-101 and shaped by extensive case law.  The key term to understand when you are either trying to change or trying to keep from changing a parenting plan is “material change of circumstances.”

What’s the Law?

Tennessee Code Annotated § 36-6-101 provides the statutory basis for modifying parenting plans.  By statute, a court may not alter a permanent parenting plan unless it finds that there has been a material change in circumstances affecting the child’s best interests. The statute itself does not completely define what means a “material change.”  For this, we have to look at what courts have done.  If the court finds a material change of circumstances, it then looks to whether a modification is in the best interests of the child.

What is a Material Change of Circumstance?

At the outset, a couple of basic concepts are nearly universal.  Tennessee courts agree that a material change of circumstances must be significant and not trivial or temporary.  The change also should impact the child’s welfare or the ability of the parties to provide care.  These changes can be related to the child’s age or significant changes in one of the parent’s living or working condition.  T.C.A. § 36-6-101(a)(2)(C).  The Tennessee Supreme Court in Kendrick v. Shoemake, 90 S.W.3d 566 (Tenn. 2002), stated that a material change is one that affects the child’s well-being in a meaningful way, and it must have occurred after the entry of the last order or not have been anticipated at that time.

Examples of Material Changes

• You don’t have to have a substantial harm to the child, but you do have to have a change that affects the child’s welfare and is not insignificant or fleeting.  The mother’s change of work schedule was not sufficient if the new schedule has some beneficial impact on the child.  Also, if the evidence does not show that the parent’s conduct adversely affected the child, there will be no finding of material change.
• Whether a change was anticipated is not controlling.  Material changes can arise because of the passage of time.
• The Tennessee Supreme Court found that the threshold for finding a material change is “very low” in modification cases. Relocation, changes in parental fitness, or shifts in the child’s needs may all qualify.
• A parent’s remarriage and the introduction of new siblings can constitute a material change, particularly when it affected the child’s environment and relationships.
• Denying the other parent parenting time, especially if that is a failure to adhere to a parenting plan.  Even actively working against the child’s relationship with the other parent can be a material change.

What’s the takeaway?

To determine whether a material change has occurred, Tennessee courts at the core look to:

• The nature and significance of the change in circumstances
• Whether the change was anticipated at the time of the original order (but this is not controlling)
• The impact of the change on the child’s welfare and best interests (this is always controlling)
• The stability and continuity of the child’s environment

Conclusion

A material change of circumstances is the gateway to modifying a permanent parenting plan in Tennessee.  The change must be significant, unanticipated, and must affect the child’s welfare.  Tennessee case law provides guidance for parents and attorneys navigating these issues, emphasizing that the child’s best interests remain the single most important concern.  Anyone considering a modification should consult legal counsel and carefully document changes that may justify a new parenting arrangement.  Ultimately, you have to be able to prove that the change is detrimental to the child’s welfare.