Tennessee Petition to modify order: For children's cases
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How to fill out Tennessee Petition To Modify Order: For Children's Cases?
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FAQ
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.
If parents are unmarried at the time of their child's birth, the mother is presumed to have custody. Legal parents have the right to have a relationship with their child and to visit their child. Once a father acknowledges paternity, he gains these rights.
Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions.
The custodial and non-custodial parents both have the right to request a review for possible adjustment of the child support order at any time. The TDHS Child Support Program may initiate a review once they become aware of a change in circumstances of either party in a IV-D case.
Sometimes the mediation process even leads the parties to agree that the current order does not need modification. 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.
A material change in circumstance may include a failure to adhere to the original Parenting Plan or circumstances that make the parenting plan no longer in the best interest of the child.
How To Terminate Child Support Payments. You must make a motion with the courts to terminate child support when the age of eighteen or high school graduation (whichever happens second) is reached. Be careful and resist the urge to stop payments without going through the court.
Drug, alcohol, or other substance abuse. There is a lack of emotional ties between the parent and child. There is abuse that causes damage to the child's psychological development. The parent has withheld access to the child from the other parent for an amount of time without legal cause.