It is quite common for parents in Tennessee to feel disappointed with the terms of a custody order. No one likes splitting the time that they get to spend with their children and missing out on important events like holidays or birthdays.
For some parents, the division of parenting time or physical custody feels particularly unfair. Those subject to orders of protection or in unstable circumstances might receive a small fraction of the overall parenting time in a divorce or litigated custody case. Judges want to keep both parents involved, but they sometimes have to make difficult decisions.
If it seems like one parent cannot provide the stability the children require, a judge may limit that parent’s access to the children. The good news for those feeling frustrated by limited parenting time is that a provable improvement in their circumstances could justify a custody modification.
What does a modification entail?
A custody modification is a formal change to the existing custody order. Parents can pursue a modification through mutual consent. One parent might agree to increase the parenting time that the other enjoys once they get a better job, find a stable living situation or undergo therapy.
Other times, the parent with more parenting time is loathe to give up any of their parenting time. In that scenario, a contested modification may be necessary. A parent can ask the courts to review and update the custody order based on the improvement in their circumstances.
They generally need evidence that helps support their claim that they have addressed the issues that led to a judge limiting their parenting time. A lease showing that they now have a stable living arrangement with space for their children could help. So could bank records that show regular paychecks. Statements from therapists and other professionals could help prove that someone has addressed their anger issues or substance abuse struggles.
Any substantial change in circumstances that indicates a parent can be more present for their children may convince a judge to increase their allocation of parenting time. Judges want to do what is best for the children, and encouraging two healthy parental relationships is usually the best outcome for children with divorced or separated parents.
Even when a co-parent is not cooperative, it is sometimes possible to modify a child custody arrangement when a child’s parent has improved their circumstances. Addressing any specific concerns that a judge has cited as grounds for limited parenting time or limited physical custody can help a parent qualify for a modification that increases their time with their children.
