Assisting With A Broad Range Of Family Law Modifications
After a divorce has occurred, life goes on. Circumstances change. While not all of these changes in circumstances will change the obligations of the parties to a divorce, sometimes these changes can be or must be addressed in court.
Whether a person fails to do what the court order requires, or the person no longer has the ability to do what the court order requires, it is important to immediately seek the advice of an experienced family law attorney.
Spousal support (alimony) that was reasonable at the time it was ordered sometimes needs to be adjusted. Whether the alimony can be increased, decreased or terminated is determined by a number of both legal and factual issues which can only be assessed by an experienced family law attorney.
Post-divorce litigation is complex and requires an attorney who is experienced, as well as one who continually researches and handles this type of case. I can properly advise you whether your situation is one which the courts consider.
In Tennessee, divorcing parents have had to complete a parenting plan since 2001. As your circumstances change, the original parenting plan may no longer reflect your current situation.
Post-divorce modification of the permanent parenting plans requires a thorough understanding of the law and of your specific circumstances. I will give you the advice you need and help you obtain the modification that is best for your child or children. With more than 25 years of legal experience, I have the knowledge needed to guide you through the modification process and help you obtain a favorable outcome.
Can Parenting Plans Be Modified?
Divorcing spouses with children have had to complete a parenting plan in Tennessee since 2001. This plan details a number of issues surrounding the care of the spouses’ child, including where the child will sleep, where the child will go for holidays and how the parents will make important decisions.
You will need to demonstrate that a “material change in circumstances” occurred to modify a parenting plan. A material change may be a parent’s failure to follow the parenting plan, a change in a parent’s work schedule, or sometimes even the child getting older. Since the definition of a material change in circumstances is gray, it is essential to consult with a lawyer to build the strongest case possible.
If a material change in circumstances has occurred and the modification is in the best interest of the child, courts in Tennessee will modify the parenting plan, which may include changing the primary residential parent, day to day custody or more specific aspects of the child’s parenting such as where the child attends school or church, the type of medical care that he or she receives, etc.
When the parenting plan is modified, often this affects child support. But sometimes people change jobs or their circumstances change such that the child support should be modified. It is important to act as soon as possible, because generally a court will not modify the child support until a proper petition has been made.
An Experienced Litigator Who Will Protect Your Interests
I have extensive experience helping my clients secure post-divorce modifications that protect their circumstances. Generally, post-divorce matters relating to child custody modifications must be mediated before you can try the case before a judge. Often mediation or other collaborative processes allow the parties to reach a settlement and avoid a long, drawn-out battle in court.
However, if an agreement cannot be reached outside of court, I am prepared to defend your rights in court. As a former prosecutor who has resolved thousands of cases, I understand what it takes to build a strong case in court.
An Attorney Who Cares About Your Needs
Tennessee’s family laws are complex. Working with a skilled attorney who understands the legal systems will help you achieve an outcome that accomplishes your goals. I have the experience and skills needed to help clients in Knox County, Blount County and the surrounding counties in eastern Tennessee.