Legal Question in Family Law in Tennessee

does custodial parent's mental health and/or drug use affect change of custody consideration?


Asked on 1/09/10, 2:17 am

1 Answer from Attorneys

Timothy Tull Tull Law Firm, PLLC

Sure. The standard for a change is a material change in circumstances since the custody plan was entered. If the custodial parent has mental health and/or drug abuse issues that were not present at the time the custody plan was entered - that would constitute a material change in circumstances and you could seek a modification of the parenting plan.

A word of caution - you need to be ready to prove the issue. An empty allegation will not get you far and can land you in a defamation suit. Get your facts together and take it to a lawyer who should advise you as to what else you need in order to make your case.

Also - if you feel the child(ren) are in danger - you have a duty to report it to DCS. That duty used to only be for medical and mental health professionals but it has expanded to anyone who has knowledge that a child is in immanent danger. DCS usually looks for a family member to place child(ren) and the likely person would be you. However, once again, you need to be sure you are correct and that the kids are in danger. Danger includes neglect as well as lack of supervision.

Good luck ...

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Answered on 1/15/10, 3:28 pm


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