Legal Question in Family Law in Tennessee

RE: material change in circumstance (ben Stevens and Jes beard)

RE:(I was unaware that my kids shower 2x per week somewhere else,and that boyfriend works 1x a week at the dump.(she has withheld visitation in october already) Do i need to file in sc or tn(divorce was in tn). any chances or am I going to have to just be content rarely seeing them when she can make it?

my divorce

was just finalized in late 2008. Oldest child lives with me, I let the other 3 remain with mom (girl and 2 boys). They share 1 bedroom, have no functioning bathtub or shower, and their mom just had another baby with her live in boyfriend. She is unemployed, he works at the dump 1 day per week, and pays child support to his other kid with money from his GI bill (they're both in school). I live with my fiance in a 3 bedroom home in a nice suburb where there are many extra-curricular activities for the children. Currently, our other kids have NO outside activities except school. I pay support and health insurance for all 4. Are these considered changes in circumstance? Our children that reside with her have no lives outside of the small, unfinished (tyvek wrapped home with no shower) enough for me to even consider trying for more parenting time with them? The baby was born after our original agreements and finalization.


Asked on 2/09/09, 5:42 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: RE: material change in circumstance

Typically, the state where the children have resided for the last 6 months will be the "home state" and the place where custody, visitation, etc. will be addressed. The items you listed may be considered significant enough changes to enable the Court to revisit those issues, but much more details are needed to give a definite opinion on that subject.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 2/10/09, 11:15 am


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