• Child custody can become an issue between parents even following the granting of a divorce. Indeed, disputes concerning custody of a child following a divorce is a fairly common problem, according to the American Bar Association Section of Family Law. Tennessee law establishes both specific legal requirements as well procedures to address and resolve custody issues after parents divorce.
  
  

Best Interests of the Child

• Whether a custody issue occurs during or after a divorce, Tennessee law requires a court to focus on what is in the best interests of a child. Both an initial child custody order and a modification of custody after a divorce is granted must focus on protecting and enhancing the best interests of the child.
  
  In analyzing the bests interest of a child in regard to a post-divorce custody issue, the court considered the physical and mental health of not only the parents but the child as well. Another factor in a post-divorce custody matters that impact the best interests of the child include other individuals that reside at or frequently visit the home where the child resides.
  
  

Enforcement

• Tennessee law establishes specific procedures to be used by the custodial parent to enforce the custody order issued at the time of the divorce. For example, if the noncustodial parent interferes with custody by not returning the child following visitation, the custodial parent can seek assistance from the court. The court can sanction the noncustodial parent by holding him in contempt or terminating his visitation rights altogether.
  
  

Material Change of Circumstances

• Another post-divorce issue is a desire by one parent to change custody of a child. Tennessee law permits the parents to agree to a change of custody on a voluntary basis between themselves. When one parent desire to change custody, she must demonstrate what legally is called a material change of circumstances. In other words, the situation surrounding the custody of the child changed so significantly that the best interests of the child no longer can be served under the current custodial arrangement. For example, if the custodial parent developed a substance abuse issue, a Tennessee court likely considers that sufficient to constitute a material change of custody requiring a new custodial arrangement.