Modification of orders

(a) Except as provided in § 36-1-113(q), an order of the court shall be set aside if it appears that: (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102Department: means the department of children's services. See Tennessee Code 37-1-102Dependent: A person dependent for support upon another.Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Fraud: Intentional deception resulting in injury to another.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105(1) It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action; (2) The court lacked jurisdiction over a necessary party or of the subject matter; or (3) Newly discovered evidence so requires. (b) Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified: (1) Upon a finding of changed circumstances and that the change or modification is in the best interest of the child; (2) If the order contains clerical mistakes; or (3) If newly discovered evidence so requires. (c) In no event shall modification of an agreed order result in a child being placed into the custody of the department of children’s services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations. (d) [Deleted by 2016 amendment.] (e) [Deleted by 2016 amendment.]