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While parents may be tempted simply to enter into informal agreements, they are not legally enforceable. Only a Tennessee court ultimately can modify a valid child custody order. Some situations, however, follow different procedures.
Either parent can file for emergency custody to protect the child. When getting a temporary emergency custody order, it can be done ?ex parte,? which means that no notice of petition or hearing will be sent to the other parent, meaning they won't have a chance to tell their side of the story.
The first step is for the parent to submit a petition to modify to the court. The petition will contain the parent's proposed modifications. If both parties agree to the modification, they can submit a modification agreement outlining a new parenting plan for the court to ratify and approve.
Filing for Child Custody in Tennessee: 5 Steps Step 1: Determine your court. Either you or the other parent must have lived in Tennessee for at least six months before you can begin a case. ... Step 2: Complete your paperwork. ... Step 3: Finalize your forms. ... Step 4: Hand in your paperwork. ... Step 5: Service.
In Tennessee, if you want to modify the court-ordered Parenting Plan for your child, you must prove that there has been ?a material change in circumstances? and that a modification is in the child's ?best interests.? In this post, we will look at the first of those two requirements.