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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
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Experience:  associate attorney
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What do I do if my ex wife (who is custodial parent of our

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What do I do if my ex wife (who is custodial parent of our son) is refusing to let me bring him back after visitation with me because she has a new boyfriend? I asked her to file paperwork for change of custody, but she refuses to handle this in the correct, legal way (because she wants to still receive child support, obviously). Help, please! We live in different counties and I don't want him to mess up in school. He has enough trouble already with it. He does not want to live with me, either.
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Parenting arrangements potentially can be modified in two primary ways: 1) changes to the residential parenting schedule; or 2) a change in “custody,” i.e., the designation of the primary residential parent who has residential time with the children the majority of the time. Obviously, the latter is much more difficult to accomplish.

A party requesting a change in custody must meet the standard set forth in Tenn. Code Ann. §36-6-101(a)(2)(B), which requires the petitioner to prove:

a material change in circumstance. 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 an order of custody and visitation or circumstances that make the parenting plan no longer in the best interest of the child.

Since your ex has essentially given up custody this standard should not be hard to meet. The court will also change the child support agreement in conjunction with the change in custody. Since the type of motions can be complicated I would retain an attorney to get this change and also any appropriate changes in the child support agreements done as well.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?

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