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Effective January 1, 2001, the Tennessee Legislature now requires a parenting plan in any action for divorce, legal separation, annulment or separate maintenance involving a minor child.
Under the parenting plan, the court will no longer consider sole custody, joint custody or split custody. The focus is on each parent's responsibilities. The plan does require the designation of a custodial parent for the purpose of compliance with all state and federal statutes which require a custody designation. However, this designation does not affect either parent's rights or responsibilities under the parenting plan. The parenting plan must include a residential schedule which designates where each minor child shall reside on given days. It also must allocate decision making authority to one or both of the parties regarding the children's education, health care, extra curricular activities, and religious upbringing. Regardless of the parenting plan allocations, the parties may agree that either parent may make emergency decisions which are in the best interest of the child. Each parent will make day-to-day decisions regarding the child's care while that child is with the guardian or parent. When mutual decision making is designated by the plan, but cannot be achieved, the parties must make a good faith effort to resolve the issue through the appropriate dispute resolution process before proceeding to court. Unless a parenting plan is agreed to by the parties within thirty days of the filing of the complaint for divorce, the parties will be required to attend a four hour parenting course. By entering into an agreed parenting plan, the parties can ask the court to excuse the parenting classes on the basis the parties are already working together on issues involving their children and therefore parenting classes are not necessary. The court will approve a permanent parenting plan upon agreement of the parties with the entry of a final decree or judgment, or with a consent order to modify a final decree or judgment involving minor children. If the parties cannot reach an agreement on a parenting plan, upon motion of either party, or upon its own motion, the court may order appropriate dispute resolution proceedings to determine the permanent parenting plan. If the parties have not reached an agreement on a permanent parenting plan, each party is required to file and serve a proposed permanent parenting plan 45 days before the date the case is set for trial even if the parties continue to mediate. The failure to file a proposed parenting plan 45 days before trial may result in the court's adopting the plan filed by the opposing party if the court finds such plan is in the child's best interest. Attached to each parenting plan must be a verified statement of income and a verified statement that the plan is proposed to be in good faith and in the best interest of the child. The court will not order alternative dispute resolution process (in mediation) if it finds a parent has engaged in any of the following conduct:
Under the parenting plan, the child support guidelines still apply. If there is additional time spent with the non-primary residential parent, then there can be an adjustment to the child support guidelines. If one parent fails to comply with an order establishing allocation of parental responsibilities, parenting schedule or child support, the obligation of the other party to make payments for support or maintenance or to prevent contact with the children is not suspended. Rather, a petition for contempt shall be filed to seek compliance with the court's order or parenting plan. If after such hearing, the court finds the parent, in bad faith, has not complied with the applicable provisions, the court shall find the parent in contempt of court and may order such relief as is fair and equitable under the circumstances. Such relief may include allocating the parent denied access to the child, additional time with the child, and ordering the non-compliant parent to pay the other parent reasonable attorney's fees and court costs incurred as a result of the non-compliance. If either parent willfully fails, in bad faith, to fulfill and abide by their residential parental responsibilities, the parent may be subject to incarceration, payment of the court costs, reasonable attorney's fees, and other reasonable expenses. Under the parenting plan statute, each parent shall have the following statutory rights during periods when the child is not in that parent's care unless the court finds it is not in the child's best interests:
The purpose of the parenting plan is to require the parents to set aside their differences and work out a plan which is in their child's best interest. -- McNabb, Holley, Waldrop & Bragorgos, PLLC |