Custody
Change of Custody - New Law in TennesseeSECTION 1. Tennessee Code Annotated, Section 36-6-101(a)(2) is amended by designating the existing language as item (A) and adding the following paragraphs to the end of subdivision (2) as a new item (B): (B) If the issue before the court is a modification of the court's prior decree pertaining to custody or a residential parenting arrangement, then the petitioner must prove by a preponderance of the evidence a material change in circumstances. A material change of circumstance does not require a showing of a substantial risk of harm to the child. A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or circumstances no longer in the best interest of the child. In each contested case, the court shall make such a finding as to the reason and the facts that constitute the basis for the custody determination. Nothing contained within the provisions of this subdivision shall interfere with the requirement that parties to an action for legal separation, annulment, absolute divorce or separate maintenance incorporate a parenting plan into the final decree or decree modifying an existing custody order. Nothing in this subsection shall imply a mandatory modification to the child support order. SECTION 2. This act shall take effect upon becoming the law, the public welfare requiring it. |
