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... protected. See Tenn.Code Ann. § 36-6-106(a); Kendrick v. Shoemake, 90 SW3d 566,
570 (Tenn.2002) (holding that child custody awards are always subject to modification
to ensure that the best interests of the child are protected). ...
... However, our Supreme Court has held that a trial court may modify an award of child custody
"when both a material change of circumstances has occurred and a change of custody is in the
child's best interests." See Kendrick v. Shoemake, 90 SW3d 566, 568 (Tenn.2002). ...
... Specifically, Father argued that Tennessee Code Annotated section 37-2-403 (2005 &
Supp.2008), which requires the Tennessee Department of Children's Services to notify parents
of this ground for termination when a child is in the custody of a state agency such as DCS, is ...