Legal Question in Family Law in Tennessee
Going through a divorce
On what grounds or what type evidence is needed to get full coustdy of your children from your wife and can you supena a persons cell phone pass call log and use it as evidence to try to prove a wife is cheating.
1 Answer from Attorneys
Re: Going through a divorce
Under TN law you have to show a "substantial and material" change in circumstances to CHANGE custody, but if custody has never been decided by a court before by a judge, you only have to show that it would be in the best interests of the children to be with you -- in other words that you are the better parent.
My website has a great deal of information on this, particularly at links 6 and 6H, but perhaps the most important link is 6B, offering general advice to parents seeking custody.
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