Tennessee law update

[Tennessee Dad]

The legislation in Tennessee (HB2666) defining "material change of circumstance" has now been signed into law (effective 5/24/04). It states :

changes in the needs of the child over time
(original MDA was when child was 3 months old, she is now 6 years old; big change)

changes in the parent's living or working condition
(BM has not worked in 2 years, and has just moved in with her Mom; they have no permanent home, and school district has changed)

failure to adhere to the parenting plan
(original MDA allowed me Saturday 10:00 a.m. until Sunday 5:00 p.m., every other week; I have records the last 3 years where I have had daughter 60+% of overnights)

Also, my attorney offered mediation; her attorney said she wants full custody, full support, standard visitation for me; no negotiation.  

Now, questions, in your opinion:  

1.  Do I meet the required "material change of circumstance"?

2.  Do I continue asking for full custody, and settle for less if need be?

3.  What, in your opinion, would be considered "fair"?

Thanks for your help; I am getting very anxious about this case, and we go to court on Friday, June 4th.  

[socrateaser]

>1.  Do I meet the required "material change of circumstance"?

Law states that "change in NEEDS of child." Your facts state that child is older. This is not a change in need, therefore this fact is irrelevant, by itself. Law says "change in parent's living or working condition." Facts do not disclose whether mother's unemployment existed at the time of the previous custody order, therefore cannot analyze. Law says "falure to adhere to parenting plan." Facts apparently show that you have exercised substantially more custody than originally ordered. This should, by itself, satisfy the material change statute. I suggest you concentrate your efforts here, assuming your proof credible such that the court is likely to believe your assertions.

>
>2.  Do I continue asking for full custody, and settle for less
>if need be?

You ask that the parenting plan be changed to reflect the actual status quo.

>
>3.  What, in your opinion, would be considered "fair"?

Well, if I were the judge, I would do what I just suggested, assuming that I believed your evidence of actual parenting time.

[Tennessee Dad]

I'm just getting very anxious for this all to be over.  I want my daughter safe, and stable, and I don't think BM can provide that right now.  I am just asking to make legal what I have had for the past 3 years, unofficially.  

Thanks again, your help is invaluable.