A custody award in an Order of Protection (and an ex parte one at that) does not constitute a final custody determination and, therefore, a material change of circumstances is not necessary to modify it.  A final order will make findings concerning the comparative fitness of the parties, name the primary residential parent, set the visitation rights of the other parent, and set child support.

Protip: Allowing a registered sex offender to sleep in your child’s bedroom will hurt you in a custody hearing, even if the offender is your brother.

Huntzinger v. Parham (Tenn. Ct. App., Jan. 19, 2010).