Legal Question in Family Law in Tennessee

Re: Changing a parenting plan

To some extent it depends upon the judge. If your former husband poses a hazard to your child you can petition for a change in the parenting plan and ask for an "immediate" hearing for a temporary restraining order. If visitation ends on the 30th there is little to be gained unless the child is in fairly serious danger. For instance, the father is constantly drunk to the point he cannot supervise the child or poses a physical threat to the child, himself. If things are that bad you can ask for help from the department of children's services and they will file a "dependent and neglected child" petition. That will, if successful, result in the child being sent back to you. Keep in mind that the judge will want to know at some point whether you were aware of the father's alcoholism before agreeing to the permanent parenting plan and, if so, why you agreed nonetheless. The Court will be almost exclusively concerned about the well being of the child and while the judge might castigate you for not doing it right the first time he/she will not allow the child to be placed in a stiuation that might prove harmful. You will have to decide if that is the case. Look very carefully at the facts because judges become more than a little annoyed at unproven accusations especially if they are made to interfere with visitation.

Re: Changing a parenting plan

If you have proof of his behavior, and if it is dangerous to the child, an emergency petition to the court will likely result in a temporary safe harbor until the judge can hold a hearing on the matter. Good luck.