Child Custody and a “Material Change”

December 29, 2010 by Zale.

I deal a lot with parents who get themselves in trouble with the Department of Children’s Services.  While I do not represent DCS, I often represent either one of the parents or the child(ren).

Once custody of a child vests with someone else, the parent(s) must show that there is a “material change in circumstances” to get the child back.  That is not the parent going “Look, I”ve kicked the habit.  Now give ‘em back!”  This is what a lot of these parents (and some attorneys) think it is.

A “material change” in circumstance has to do with a change relating to the person(s) the child is actually placed with.  So mom being off Crack isn’t enough for mom to get the kids back.  Something actually has to happen in regards to where the child has been previously placed by the court.

Here’s a recent Tennessee Court of Appeals case that discusses the topic of “material change” in detail.

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