Legal Question in Family Law in Tennessee
material change in circumstance
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.
2 Answers from Attorneys
Re: material change in circumstance
In SC, the Family Court would probably find those factors to constitute a significant change of circumstances to enable you to put the issue of custody back before the Court.
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
Re: material change in circumstance
You are focusing on the right issue with your subject line -- the question is whether there has been a substantial and material change in circumstances from those that existed at the time of the last court order addressing parenting time.
And if the conditions you describe all existed at the time of the last order, with the sole exception of her giving birth to the child she was already pregnant with, I don't see any way you would be able to establish the substantial and material change in circumstances.
For more on this, check my website at http://jesbeard.com/6h.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
