material change of circumstance test (Tennessee) · Go Syfert
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material change of circumstance test in Tennessee

6 Tennessee opinions name it 1 courts 2007–2019 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Andrew K. Armbrister v. Melissa H. Armbristergreen
tenn · 2013 · cited in 2 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016Armbrister, 414 S.W.3d at 704 . “[M]erely showing that the existing arrangement [is] unworkable for the parties is sufficient to satisfy the material change of circumstance test” for residential parenting schedule modification.

2014Tennessee Code Annotated section 36-6-101(a)(2)(C) “reflects the General Assembly’s ‘policy decision to make it easier to establish that a material change in circumstances has occurred’ when a party seeks to modify a residential parenting schedule.” Armbrister, 414 S.W.3d at 703 (Tenn. 2013) (quoting Boyer v. Heimermann, 238 S.W.3d 249, 259 (Tenn. Ct. App. 2007)).

12
Neal Lovlace v. Timothy Kevin Copleygreen
tenn · 2013 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019Rose, 2006 WL 2390980 , at *2 n.3; see also Lovlace v. Copley, 418 S.W.3d 1, 32 (Tenn. 2013) (holding that “evidence that the parties’ relationship has degenerated to the point that an existing visitation arrangement has proven unworkable in a significant way is sufficient to establish a material change”).

11
Dana Jo Stricklin v. Jerone Trent Stricklingreen
tennctapp · 2015 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018“If the issue before the court is a modification of the court’s prior decree pertaining to a residential parenting schedule, then the petitioner must prove by a preponderance of the evidence a material change of circumstance affecting the child’s best interest.” Tenn. Code Ann. § 36-6-101 (a)(2)(C). “‘The concept of requiring a parent seeking modification to prove a material change in circumstances originated out of this Court’s recognition that existing parenting orders are considered res judicata on the facts as they existed at the time the most recent order was entered.’” Stricklin v. Stric

11
Boyer v. Heimermanngreen
tennctapp · 2007 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Tennessee Code Annotated section 36-6-101(a)(2)(C) “reflects the General Assembly’s ‘policy decision to make it easier to establish that a material change in circumstances has occurred’ when a party seeks to modify a residential parenting schedule.” Armbrister, 414 S.W.3d at 703 (Tenn. 2013) (quoting Boyer v. Heimermann, 238 S.W.3d 249, 259 (Tenn. Ct. App. 2007)).

11
Kendrick v. Shoemakegreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007Kendrick v. Shoemake, 90 S.W.3d 566, 570 (Tenn.2002) (quoting Blair v. Badenhope, 77 S.W.3d 137, 150 (Tenn.2002)).

11
Blair v. Badenhopegreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007Kendrick v. Shoemake, 90 S.W.3d 566, 570 (Tenn.2002) (quoting Blair v. Badenhope, 77 S.W.3d 137, 150 (Tenn.2002)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Massey-Holt v. Holt green
tennctapp · 2007
1 sentence

2008By its terms, however, section (a)(2)(C) only applies “[i]f the issue before the court is a modification . . . pertaining to a residential parenting schedule,” and section (a)(2)(B) applies “[i]f the issue before the court is a modification . . . pertaining to custody.” As discussed in Massey-Holt, 255 S.W.3d at 607 , the statute creates a different standard for each situation. -23- suggest that Mrs. F had instructed A.N.F. to make such statements.14 A.N.F. was examined at an emergency room, but no evidence of abuse was discovered.

12008–2008

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 36-6-101 (6) TN § Tenn. Code Ann. § 36-6-106 (4) TN § Tenn. Code Ann. § 36-5-103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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