You have a court order for custody and parenting time. One day, you learn your child’s other parent plans to get remarried. Understandably, you might wonder if your custody order continues to be valid after that marriage occurs. Will that remarriage disrupt the established custody agreement?
The basic legal framework
The Tennessee courts evaluate several elements when reviewing custody arrangements:
- The child’s relationship with each parent
- The stability of each home environment
- The child’s established routine and community connections
- Each parent’s ability to provide care and support
- The child’s preferences (depending on age)
- Any history of domestic violence or abuse
Remarriage alone typically does not automatically change custody arrangements. Courts focus primarily on the child’s best interests when making custody decisions. In Tennessee, as in most states, a parent’s new marriage represents just one factor among many that courts consider.
When remarriage might affect custody
A new marriage can sometimes trigger custody reviews if it substantially changes circumstances. Your ex-spouse’s new partner now lives with your children during visitation times. This new living arrangement might prompt questions about how this affects your children’s well-being.
Tennessee courts require proof that the new marriage creates a “material change in circumstances” that affects the child’s best interests. For example, the court might reconsider custody arrangements if a new stepparent has a criminal history or creates an unsafe environment. Similarly, if remarriage brings stability and additional support, this could work in favor of the remarried parent.
Taking action
If you believe your ex-spouse’s remarriage affects your custody arrangement, you need to follow proper legal channels. The courts will not make changes based on personal preferences or disagreements alone.
An experienced family law attorney can help you explore options under Tennessee law. These may include filing a formal petition for custody modification if warranted and preparing evidence showing changed circumstances.