A calendar with parenting time being rearranged between two homes

To modify a parenting plan in Tennessee, a parent must show a material change in circumstances and that the change serves the child's best interests under Tenn. Code Ann. § 36-6-106. Wise Law, the Nashville office of Wise & Associates, handles parenting plan modifications in Davidson County for an upfront flat fee between $1,500 and $5,000.

This guide explains the two-step test and how a modification moves through a Davidson County court. For representation, see our child custody lawyer in Nashville page.

The Two-Step Test

  1. Material change in circumstances. The parent asking for the change must first prove, by a preponderance of the evidence, that circumstances have materially changed since the last order.
  2. Best interests. If there is a material change, the court then decides whether the proposed change is in the child's best interests, using the factors in Tenn. Code Ann. § 36-6-106.

Two Kinds of Changes, Two Standards

Changing the primary residential parent

Changing which parent the child lives with most of the time is the bigger request. The material change can include a parent's failure to follow the parenting plan or other circumstances that make the current plan no longer in the child's best interests (Tenn. Code Ann. § 36-6-101(a)(2)(B)).

Changing the residential schedule

Adjusting the schedule, such as weekday time, weekends, or holidays, has a lower threshold. A material change can include significant changes in the child's needs over time, including changes that come with age, significant changes in a parent's living or working conditions that affect parenting, or a parent's failure to follow the plan (Tenn. Code Ann. § 36-6-101(a)(2)(C)). The Tennessee Supreme Court has confirmed that this threshold is lower than the one for changing the primary residential parent (Armbrister v. Armbrister, 414 S.W.3d 685 (Tenn. 2013)).

Common Material Changes

  • A child starting school, changing schools, or entering the teen years with different needs
  • A parent's new work schedule, especially overnight or travel shifts
  • A parent moving, including a relocation of more than 50 miles or out of state (Tenn. Code Ann. § 36-6-108)
  • Repeated failure to follow the plan, such as missed exchanges or withheld time
  • Substance abuse, domestic violence, or other safety concerns
  • A parent remarrying or a new household member, when it affects the child

What Usually Is Not Enough

  • A single missed exchange or a short-term schedule conflict
  • Ordinary disagreements about rules, discipline, or activities
  • A change the parent asking for it caused or could have expected when the plan was signed

The Best-Interest Factors

Once a material change is shown, the court weighs the factors in Tenn. Code Ann. § 36-6-106, including:

  • The strength and nature of the child's relationship with each parent
  • Each parent's past and potential performance of parenting responsibilities
  • Each parent's willingness to support the child's relationship with the other parent
  • The child's stability and ties to home, school, and community
  • Each parent's mental and physical health
  • Evidence of abuse
  • The reasonable preference of a child 12 or older

How a Modification Works in Davidson County

  1. Petition. The parent files a petition to modify in the court that entered the plan, usually Circuit or Chancery Court after a divorce, or Juvenile Court for never-married parents, with a proposed parenting plan.
  2. Service and response. The other parent is served and responds.
  3. Temporary relief if needed. In urgent situations, a parent can ask for temporary changes while the case is pending.
  4. Mediation. Parents who cannot agree are generally required to mediate before the court decides, unless excused, for example where there is domestic abuse (Tenn. Code Ann. § 36-6-409).
  5. Hearing or agreed order. Most modifications settle. If not, the judge hears the evidence and decides.

Agreed modifications can be finished in a matter of weeks once both parents sign. Contested modifications usually take several months, depending on discovery, mediation, and the court's calendar.

Does Child Support Change Too?

Often. A new schedule changes the parenting time adjustment on the child support worksheet, so the court usually recalculates support with the new plan (Tenn. Comp. R. & Regs. 1240-02-04).

Mistakes That Weaken a Modification Request

  • Changing the schedule informally and never filing it. An informal change is hard to enforce, and the old order still controls.
  • Withholding time to force a change. Courts treat that as a failure to follow the plan, which can count against the parent who did it.
  • Relying on general complaints. Records, dates, and specific examples show a material change. Opinions do not.
  • Ignoring child support. A new schedule usually changes support, so be ready to address both.

Can a Child Choose Where to Live?

No child in Tennessee decides custody, but the court considers the reasonable preference of a child 12 or older and may hear a younger child's preference (Tenn. Code Ann. § 36-6-106). A teenager's stated preference, together with changes in school, activities, or work schedules, is a common part of a residential schedule modification. Judges weigh the reasons behind the preference, not just the preference itself.

Bring a Proposed Plan, Not Just a Complaint

Davidson County judges decide between concrete options. A petition that includes a complete proposed parenting plan, with a workable weekday schedule, holidays, summer, transportation, and decision-making, is easier to approve than a request that only describes problems with the current plan. If you are asking for more time, show exactly how you will handle school mornings, activities, and work. If you are opposing a change, propose your own adjustments where they make sense, because flexibility is part of the best-interest analysis.

How Wise Law Handles Modifications

Wise Law, the Nashville office of Wise & Associates, builds the material change with records, such as school, medical, and work schedules and messages between the parents, drafts the proposed parenting plan, and handles mediation and the hearing. Wise Law represents both the parent asking for a change and the parent opposing it.

Modifying a Tennessee Parenting Plan: Key Facts

Frequently Asked Questions

What counts as a material change in a Tennessee custody case?

For the residential schedule: significant changes in the child's needs, a parent's living or working conditions, or a parent's failure to follow the plan. Changing the primary residential parent requires a change that makes the current plan no longer in the child's best interests.

Can I modify a parenting plan without going to court?

Parents can agree to a change, but it should be filed and entered as an agreed order to be enforceable.

Is mediation required to modify a parenting plan?

Generally yes in Tennessee, unless the parents are excused, for example where there is domestic abuse.

Will child support change if the parenting plan changes?

Often. The worksheet's parenting time adjustment changes with the schedule, so support is usually recalculated.

How much does a parenting plan modification cost at Wise Law?

At Wise Law, the Nashville office of Wise & Associates, modifications start with an upfront flat fee between $1,500 and $5,000.

Related Reading

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Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.

To change a parenting plan, see our child custody lawyer in Nashville. Wise Law, the Nashville office of Wise & Associates, quotes the upfront flat fee in a free phone consultation. See pricing or book a free phone consultation.

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.