Legal Question in Family Law in Tennessee

Child Custody/Support

I have joint custody with my child's father. In the Agreed Parenting Plan, we alternate tax years (in filling claims on our child) and no one pays child support due to the fact that our child is to reside with each parent, alternating years. Since 2003, our child has resided with me (father said he is unable to keep child due to his career.) Father still claims child on taxes. Father only calls maybe 4 times a year with conversations lasting from 10 to 20 seconds with child. Father sees child once a year around birthday from 30 minutes to one hour. My question is, can I have the Parenting Plan modified to where, I can claim our child on taxes every year and also, can I receive child support? I believe a material change in circumstances has happened since our child has remained with me these past few years. A change in the amount of time the father spens with the child has occured. What our my chances of this happening? Which is the best rout to take in order of this possibly happening? (Id really love to have sole legal and physical custody but I doubt that will happen.) Thank you.


Asked on 12/12/07, 3:13 am

1 Answer from Attorneys
KJW Firm PLC

Re: Child Custody/Support

It sounds like a material change in circumstances has happened. You should look in your parenting plan and see if there are provisions for modification of the plan. (In some situations, you are required to try mediating the dispute before going to court- it depends on the specific language). If there is no such language, you need to petition the court to modify the parenting plan.

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Answered on 12/12/07, 7:54 am


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