Parenting Plan Statute

36-6-401 Findings.

(a) Parents have the responsibility to make decisions and perform other parental duties necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities. The general assembly recognizes the detrimental effect of divorce on many children and that divorce, by its nature, means that neither parent will have the same access to the child as would have been possible had they been able to maintain an intact family. The general assembly finds the need for stability and consistency in children’s lives. The general assembly also has an interest in educating parents concerning the impact of divorce on children. The general assembly recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests. The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care.

(b) The general assembly finds that mothers and fathers in families are the backbone of this state and this nation. They teach children right from wrong, respect for others, and the value of working hard to make a good life for themselves and for their future families. Most children do best when they receive the emotional and financial support of both parents. The general assembly finds that a different approach to dispute resolution in child custody and visitation matters is useful.

36-6-402. Definitions.

As used in this part, unless the context requires otherwise:

(1) “Dispute resolution” means the mediation process or alternative dispute resolution process in accordance with Supreme Court Rule 31 unless the parties agree otherwise. For the purposes of this part, such process may include: mediation, the neutral party to be chosen by the parties or the court; arbitration, the neutral party to be chosen by the parties or the court; or a mandatory settlement conference presided over by the court or a special master.

(2) “Parenting responsibilities” means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. “Parenting responsibilities,” the establishment of which is the objective of a permanent parenting plan, include:

(A) Providing for the child’s emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development;

(B) Providing for the child’s physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

(C) Providing encouragement and protection of the child’s intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

(D) Assisting the child in developing and maintaining appropriate interpersonal relationships;

(E) Exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances; and

(F) Providing any financial security and support of the child in addition to child support obligations;

(3) “Permanent parenting plan” means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a Residential Schedule, as well as an award of child support consistent with title 36, chapter 5;

(4) “Primary residential parent” means the parent with whom the child resides more than fifty percent (50%) of the time; and

(5) “Residential schedule” is the schedule of when the child is in each parent’s physical care, and it shall designate the primary residential parent; in addition, the residential schedule shall designate in which parent’s home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria of this part; provided, that nothing contained herein shall be construed to modify any provision of § 36-6-108;

(6) “Temporary parenting plan” means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with title 36, chapter 5, and the guidelines thereunder.

36-6-403 Requirement of and procedure for determining temporary parenting plan

Except as may be specifically provided otherwise herein a temporary parenting plan shall be incorporated in any temporary order of the court in actions for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child. A temporary parenting plan shall comply with those provisions for a permanent parenting plan under § 36-6-404(a) that are applicable for the time frame and shall include a residential schedule as described in § 36-6-404(b). The court shall approve a temporary parenting plan as follows:

(1) If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or

(2) If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in § 36-6-406(a) exists. If dispute resolution is not available either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the Court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by title 36, chapter 5, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party’s plan by default, upon a finding by the court that the plan is in the child’s best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in title 36, chapter 5.

36-6-404. Requirement of and procedure for determining permanent parenting plan

(a) Any final decree or decree of modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child shall incorporate a permanent parenting plan. A permanent parenting plan shall:

(1) Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for further modifications to the permanent parenting plan;

(2) Establish the authority and responsibilities of each parent with respect to the child, consistent with the criteria in this part;

(3) Minimize the child’s exposure to harmful parental conflict;

(4) Provide for a process for dispute resolution, before court action, unless precluded or limited by § 36-6-406; provided, that state agency cases are excluded from the requirement of dispute resolution as to any child support issue involved. In the process for dispute resolution:

(A) Preference shall be given to carrying out the parenting plan;

(B) The parents shall use the designated process to resolve disputes relating to the implementation of the plan;

(C) A written record shall be prepared of any agreement reached in mediation, arbitration, or settlement conference and shall be provided to each party to be drafted into a consent order of modification;

(D) If the court finds that a parent willfully failed to appear at a scheduled dispute resolution process without good reason, the court may, upon motion, award attorney fees and financial sanctions to the prevailing parent;

(E) The provisions of this subsection shall be set forth in the decree; and

(F) Nothing in this part shall preclude court action, if required to protect the welfare of the child or a party;

(5) Allocate decision-making authority to one (1) or both parties regarding the child’s education, health care, extracurricular activities, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in this part. Regardless of the allocation of decision making in the parenting plan, the parties may agree that either parent may make emergency decisions affecting the health or safety of the child.

(6) Provide that each parent may make the day-to-day decisions regarding the care of the child while the child is residing with that parent.
(7) Provide that when mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the appropriate dispute resolution process, subject to the exception set forth in subdivision (a)(4)(F).

(8) Require the obligor to report annually on a date certain to the obligee, and the department of human services or its contractor in Title IV-D cases, on a form provided by the court, the obligor’s income as defined by the child support guidelines and related provisions contained in title 36, chapter 5.

(b) Any permanent parenting plan shall include a residential schedule as defined in § 36-6-402(3). The court shall make residential provisions for each child, consistent with the child’s developmental level and the family’s social and economic circumstances, which encourage each parent to maintain a loving, stable, and nurturing relationship with the child. The child’s residential schedule shall be consistent with this part. If the limitations of § 36-6-406 are not dispositive of the child’s residential schedule, the court shall consider the following factors:

(1) The parent’s ability to instruct, inspire, and encourage the child to prepare for a life of service, and to compete successfully in the society which the child faces as an adult;

(2) The relative strength, nature, and stability of the child’s relationship with each parent, including whether a parent has taken greater responsibility for performing parenting responsibilities relating to the daily needs of the child;

(3) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interests of the child;

(4) Willful refusal to attend a court-ordered parent education seminar may be considered by the court as evidence of that parent’s lack of good faith in these proceedings;

(5) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;

(6) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;

(7) The love, affection, and emotional ties existing between each parent and the child;

(8) The emotional needs and developmental level of the child;

(9) The character and physical and emotional fitness of each parent as it relates to each parent’s ability to parent or the welfare of the child;

(10) The child’s interaction and interrelationships with siblings and with significant adults, as well as the child’s involvement with the child’s physical surroundings, school, or other significant activities;

(11) The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment;

(12) Evidence of physical or emotional abuse to the child, to the other parent or to any other person;

(13) The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child;

(14) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;

(15) Each parent’s employment schedule, and the court may make accommodations consistent with those schedules; and

(16) Any other factors deemed relevant by the court.

(c) The court shall approve a permanent parenting plan as follows:

(1) Upon agreement of the parties:

(A) with the entry of a final decree or judgment; or

(B) with a consent order to modify a final decree or judgment involving a minor child.

(2) If the parties cannot reach agreement on a permanent parenting plan, upon the motion of either party, or upon its own motion, the court may order appropriate dispute resolution proceedings pursuant to Rule 31 of the Rules of the Supreme Court, to determine a permanent parenting plan.
(3) If the parties have not reached agreement on a permanent parenting plan on or before forty-five (45) days before the date set for trial, each party shall file and serve a proposed permanent parenting plan, even though the parties may continue to mediate or negotiate. Failure to comply by a party may result in the court’s adoption of the plan filed by the opposing party if the court finds such plan to be in the best interests of the child. In determining whether the proposed plan is in the best interests of the child, the court may consider the allocation of residential time and support obligations contained in the child support guidelines and related provisions contained in chapter 5 of this title. Each parent submitting a proposed permanent parenting plan shall attach a verified statement of income pursuant to the child support guidelines and related provisions contained in title 36, chapter 5, and a verified statement that the plan is proposed in good faith and is in the best interest of the child.

36-6-405. Modifying permanent parenting plans

(a) In a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response to the petition for modification. Such plan is not required if the modification pertains only to child support. The obligor parent’s proposed parenting plan shall be accompanied by a verified statement of that party’s income pursuant to the child support guidelines and related provisions contained in chapter 5 of this title. The process established by § 36-6-404(b) shall be used to establish an amended permanent parenting plan or final decree or judgment.

(b) Title IV-D child support cases involving the department of human services or any of its public or private contractors shall be bifurcated from the remaining parental responsibility issues. Separate orders shall be issued concerning Title IV-D issues, which shall not be contained in, or part of, temporary, permanent or modified parenting plans. The department and its public or private contractors shall not be required to participate in mediation or dispute resolution pursuant to this part.

36-6-406. Restrictions in temporary or permanent parenting plans

(a) The permanent parenting plan and the mechanism for approval of the permanent parenting plan shall not utilize dispute resolution, and a parent’s residential time as provided in the permanent parenting plan or temporary parenting plan shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that a parent has engaged in any of the following conduct:

(1) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting responsibilities; or

(2) Physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(b) The parent’s residential time with the child shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that the parent resides with a person who has engaged in physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(c) If a parent has been convicted as an adult of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 – 39-13-511, or has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain the parent from contact with a child that would otherwise be allowed under this part. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated guilty of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 – 39-13-511, or who has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain that parent from contact with the child unless the contact occurs outside the adult’s or juvenile’s presence and sufficient provisions are established to protect the child.

(d) A parent’s involvement or conduct may have an adverse effect on the child’s best interest, and the court may preclude or limit any provisions of a parenting plan, if any of the following limiting factors are found to exist after a hearing:

(1) A parent’s neglect or substantial nonperformance of parenting responsibilities;

(2) An emotional or physical impairment which interferes with the parent’s performance of parenting responsibilities as defined in § 36-6-402;

(3) An impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting responsibilities;

(4) The absence or substantial impairment of emotional ties between the parent and the child;

(5) The abusive use of conflict by the parent which creates the danger of damage to the child’s psychological development;

(6) A parent has withheld from the other parent access to the child for a protracted period without good cause;

(7) A parent’s criminal convictions as they relate to such parent’s ability to parent or to the welfare of the child; or

(8) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

(e) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

36-6-407. Allocation of parenting responsibilities

(a) The court shall approve agreements of the parties allocating parenting responsibilities, or specifying rules, if it finds that:

(1) The agreement is consistent with any limitations on a parent’s decision-making authority mandated by § 36-6-406;

(2) The agreement is knowing and voluntary; and

(3) The agreement is in the best interest of the child and is agreed to by the guardian ad litem, if one has been appointed by the court.

(b) The court may consider a parent’s refusal, without just cause, to attend a court-ordered parental educational seminar in making an award of sole decision-making authority to the other parent. The court shall order sole decision-making to one (1) parent when it finds that:

(1) A limitation on the other parent’s decision-making authority is mandated by § 36-6-406;

(2) Both parents are opposed to mutual decision making; or

(3) One (1) parent is opposed to mutual decision making, and such opposition is reasonable in light of the parties’ inability to satisfy the criteria for mutual decision-making authority.

(c) Except as provided in subsections (a) and (b), the court shall consider the following criteria in allocating decision-making authority:
(1) The existence of a limitation under § 36-6-406;

(2) The history of participation of each parent in decision making in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and whether each parent attended a court ordered parent education seminar;

(3) Whether the parents have demonstrated the ability and desire to cooperate with one another in decision making regarding the child in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and

(4) The parents’ geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.

36-6-408. Parent educational seminar

(a) In an action where a permanent parenting plan is or will be entered, each parent shall attend a parent educational seminar as soon as possible after the filing of the complaint. The seminar shall educate parents concerning how to protect and enhance the child’s emotional development and informing the parents regarding the legal process. The seminar shall also include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence. The program may be divided into sessions, which in the aggregate shall not be less than four (4) hours in duration. The seminar shall be educational in nature and not designed for individual therapy. The minor children shall be excluded from attending these sessions. The requirement of attendance at such a seminar may be waived upon motion by either party and the agreement of the court upon the showing of good cause for such relief.

(b) The fees or costs of the educational sessions under this section, which shall be reasonable, shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees may be waived for indigent persons.

(c) No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.

36-6-409. Procedures and restrictions applicable to dispute resolution

The following procedures and restrictions are applicable to the use of the dispute resolution process under this part:

(1) Each neutral party, the court, or the special master shall apply or, in the case of mediation, assist the parties to uphold as a standard for making decisions in mediation, the criteria in this part. Nothing in this part shall be construed to prevent a party from having the party’s attorney present at a mediation or other dispute resolution procedure.

(2) The Tennessee Rules of Evidence do not apply in any mediation or alternative dispute resolution process; the neutral party may rely upon evidence submitted that reasonably prudent persons would rely upon in the conduct of their affairs.

(3) When dispute resolution is utilized in this chapter, it shall be preceded by a pretrial conference and the attendance by parents at the parent education seminar set forth in § 36-6-408.

(4) The court shall not order a dispute resolution process, except court action, if the court:

(A) Finds that any limiting factor under § 36-6-406 applies;

(B) Finds that either parent is unable to afford the cost of the proposed dispute resolution process, unless such cost is waived or subsidized by the state; or

(C) Preempts such process upon motion of either party for just cause.

(5) If an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or criminal conviction involving domestic abuse within the marriage which is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer the parties to mediation only if:

(A) Mediation is agreed to by the victim of the alleged domestic or family violence;

(B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and

(C) The victim is permitted to have in attendance at mediation a supporting person of the victim’s choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation. The other party may also have in attendance at mediation a supporting person of such party’s choice, including, but not limited to, an attorney or advocate.

(6) If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:

(A) Differences between the parents that would substantially inhibit their effective participation in any designated process;

(B) The parents’ wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and

(C) The financial circumstances of the parties to pay for alternative dispute resolution processes where court sanctioned alternative dispute resolution programs are unavailable.

36-6-410. Designation of custody for the purpose of other state and federal statutes

Solely for the purpose of all other state and federal statutes and any applicable policies of insurance which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child; provided, that this designation shall not affect either parent’s rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside a majority of the time shall be deemed to be the custodian for the purposes of such federal and state statutes.

36-6-411. Juvenile court jurisdiction

Nothing in this part shall be construed to alter, modify or restrict the exclusive jurisdiction of the juvenile court pursuant to § 37-1-103.

36-6-412. Gender

It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against such party.

STATE OF TENNESSEE
Insert Name of Court COURT (Must be completed)

Insert Name of County COUNTY(Must be completed)

PERMANENT PARENTING PLAN ORDER
□ Proposed □ Agreed □ Ordered by the Court

file no. Please Type File Number

division Please Type Court Division

Plaintiff (Name: First, Middle, Last)
Please Type Full Name of Plaintiff
□ Mother □ Father

Defendant (Name: First, Middle, Last)
Please Type Full Name of Defendant
□ Mother □ Father

The mother and father will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the child even though they are divorced. They will not speak badly of each other or the members of the family of the other parent. They will encourage each child to continue to love the other parent and be comfortable in both families.
This plan □ is a new plan.
□ modifies an existing Parenting Plan dated Type Date.
□ modifies an existing Order dated Type Date.

Child’s Name
Date of Birth
Type Full Name of Child
Type Child’s Date of Birth
Type Full Name of Child
Type Child’s Date of Birth
Type Full Name of Child
Type Child’s Date of Birth
Type Full Name of Child
Type Child’s Date of Birth
Type Full Name of Child
Type Child’s Date of Birth
Type Full Name of Child
Type Child’s Date of Birth

I. RESIDENTIAL PARENTING SCHEDULE
A. RESIDENTIAL TIME WITH EACH PARENT
The Primary Residential Parent is Type Primary Residential Parent.
Under the schedule set forth below, each parent will spend the following number of days with the children:
Mother Type Number days Father Type Number days.
B. DAY-TO-DAY SCHEDULE
The □ mother □ father shall have responsibility for the care of the child or children except at the following times when the other parent shall have responsibility:
From Start Day and Time to End Day and Time
□ every week □ every other week □ other: Enter Other Day and Time.
The other parent shall also have responsibility for the care of the child or children at the additional parenting times specified below:
From Enter Additional Start Day and Time to Additional Other End Day and Time

□ every week □ every other week □ other: Enter Additional Information.
This parenting schedule begins □ Please Enter Start Date or □ date of the Court Order.
C. HOLIDAY SCHEDULE AND OTHER SCHOOL FREE DAYS
Indicate if child or children will be with parent in ODD or EVEN numbered years or EVERY year:
MOTHER FATHER
New Year’s Day
Enter Odd or Even
Enter Odd or Even
Martin Luther King Day
Enter Odd or Even
Enter Odd or Even
Presidents’ Day
Enter Odd or Even
Enter Odd or Even
Easter Day (unless otherwise coinciding with Spring Vacation)
Enter Odd or Even
Enter Odd or Even
Passover Day (unless otherwise coinciding with Spring Vacation)
Enter Odd or Even
Enter Odd or Even
Mother’s Day
Enter Odd or Even
Enter Odd or Even
Memorial Day (if no school)
Enter Odd or Even
Enter Odd or Even
Father’s Day
Enter Odd or Even
Enter Odd or Even
July 4th
Enter Odd or Even
Enter Odd or Even
Labor Day
Enter Odd or Even
Enter Odd or Even
Halloween
Enter Odd or Even
Enter Odd or Even
Thanksgiving Day & Friday
Enter Odd or Even
Enter Odd or Even
Children’s Birthdays
Enter Odd or Even
Enter Odd or Even
Other School-Free Days
Enter Odd or Even
Enter Odd or Even
Mother’s Birthday
Enter Odd or Even
Enter Odd or Even
Father’s Birthday
Enter Odd or Even
Enter Odd or Even
Other: Enter Any Other Special Days
Enter Odd or Even
Enter Odd or Even

A holiday shall begin at 6:00 p.m. on the night preceding the holiday and end at 6:00 p.m. the night of the holiday, unless otherwise noted here Please enter other holiday start time.

D. FALL VACATION (If applicable)
The day to day schedule shall apply except as follows Enter Exception beginning Enter Date.
E. WINTER (CHRISTMAS) VACATION
The □ mother □ father shall have the child or children for the first period from the day and time school is dismissed until December Please Type Date at Please Type Time □ a.m. □ p.m. □ in odd-numbered years □ in even-numbered years □ every year. The other parent will have the child or children for the second period from the day and time indicated above until 6:00 p.m. on the evening before school resumes. The parties shall alternate the first and second periods each year.
Other agreement of the parents: Please Enter Other Parental Agreements
F. SPRING VACATION (If applicable)
The day-to-day schedule shall apply except as follows Please Enter Spring Exception beginning Please Enter Spring Exception Start Date.

G. SUMMER VACATION
The day-to-day schedule shall apply except as follows: Please Enter Summer Exception beginning Enter Start Date of Summer Exception.
Is written notice required? □ Yes □ No. If so, Please Type Number of Days number of days.

H. TRANSPORTATION ARRANGEMENTS
The place of meeting for the exchange of the child or children shall be Please Type the Meeting Place for Exchange of Children.
Payment of long distance transportation costs (if applicable): □ mother □ father □ both equally.
Other arrangements: Please Type Other Arrangements
If a parent does not possess a valid driver’s license, he or she must make reasonable transportation arrangements to protect the child or children while in the care of that parent.

I. SUPERVISION OF PARENTING TIME (If applicable)
□ Check if applicable
Supervised parenting time shall apply during the day-to-day schedule as follows:
□ Place: Type Location of Parenting Time.
□ Person or organization supervising: Type Person or Organization Supervising
□ Responsibility for cost, if any: □ mother □ father □ both equally.

J. OTHER
The following special provisions apply:
Please Type other special provisions that apply

II. DECISION-MAKING

A. DAY-TO-DAY DECISIONS
Each parent shall make decisions regarding the day-to-day care of the child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child.
B. MAJOR DECISIONS
Major decisions regarding each child shall be made as follows:
Educational decisions □ mother □ father □ joint
Non-emergency health care □ mother □ father □ joint
Religious upbringing □ mother □ father □ joint
Extracurricular activities □ mother □ father □ joint
Enter other information □ mother □ father □ joint

III. FINANCIAL SUPPORT
A. CHILD SUPPORT
Father’s gross monthly income is $ Please Type Father’s Gross Monthly Income.
Mother’s gross monthly income is $ Please Type Mother’s Gross Monthly Income.

1. The final child support order is as follows:
The □ mother □ father shall pay to the other parent as regular child support the sum of $Type amount of Child Support □ weekly □ monthly □ twice per month □ every two weeks. The Child Support Worksheet shall be attached to this Order as an Exhibit.*

If this is a deviation from the Child Support Guidelines, explain why: Please Type Reason For Deviation

2. Retroactive Support: A judgment is hereby awarded in the amount of $Amount to □ mother □ father against the child support payor representing retroactive support required under Section 1240-2-4.06 of the D.H.S. Income Shares Child Support Guidelines dating from Please Type Date of Child Support Start which shall be paid (including pre/post judgment interest) at the rate of $Please Type Rate of Payment per □ week □ month □ twice per month □ every two weeks until the judgment is paid in full.

3. Payments shall begin on the Please Type Day of Payment Start day of Please Type Month of Payment Start, 20 Please Type last two Digits of Year.

This support shall be paid:
□ directly to the other parent.
□ to the Central Child Support Receipting Unit, P. O. Box 305200, Nashville, Tennessee 37229, and sent from there to the other parent at: Please Type Address of Receiving Parent.
A Wage Assignment Order is attached to this Parenting Plan
□ by direct deposit to the other parent at Please Type Name of Bank for deposit in account no. Please Type Account Number.
□ income assignment not required; Explanation:_______________________________.
□ other: Please Enter Any Other Information Here

The parents acknowledge that court approval must be obtained before child support can be reduced or modified.

*Child Support Worksheet can be found on D.H.S. website at http://www.state.tn.us/humanserv/is/isdocuments.html or at your local child support offices.

B. FEDERAL INCOME TAX EXEMPTION*
The □ mother □ father is the parent receiving child support.
The Mother shall claim the following children: Please Type Children’s Names
The Father shall claim the following children: Please Type Children’s’ Names
The □ mother □ father may claim the exemptions for the child or children so long as child support payments are current by the claiming parent on January 15 of the year when the return is due. The exemptions may be claimed in: □ alternate years starting Type Start Date □ each year □ other: Please Type Other Information.

The □ mother □ father will furnish IRS Form 8332 to the parent entitled to the exemption by February 15 of the year the tax return is due.

C. PROOF OF INCOME AND WORK-RELATED CHILD CARE EXPENSES
Each parent shall send proof of income to the other parent for the prior calendar year as follows:

IRS Forms W-2 and 1099 shall be sent to the other parent on or before February 15.
A copy of his or her federal income tax return shall be sent to the other parent on or before April 15 or any later date when it is due because of an extension of time for filing.
The completed form required by the Department of Human Services shall be sent to the Department on or before the date the federal income tax return is due by the parent paying child support. This requirement applies only if a parent is receiving benefits from the Department for a child.
The parent paying work-related child care expenses shall send proof of expenses to the other parent for the prior calendar year and an estimate for the next calendar year, on or before February 15.

D. HEALTH AND DENTAL INSURANCE
Reasonable health insurance on the child or children will be:
□ maintained by the mother
□ maintained by the father
□ maintained by both
Proof of continuing coverage shall be furnished to the other parent annually or as coverage changes. The parent maintaining coverage shall authorize the other parent to consult with the insurance carrier regarding the coverage in effect.
Uncovered reasonable and necessary medical expenses, which may include but are not limited to, deductibles or co-payments, eyeglasses, contact lens, routine annual physicals, and counseling will be paid by □ mother □ father □ pro rata in accordance with their incomes. After insurance has paid its portion, the parent receiving the bill will send it to the other parent within ten days. The other parent will pay his or her share within 30 days of receipt of the bill.
If available through work, the □ mother □ father shall maintain dental, orthodontic, and optical insurance on the minor child or children.
E. LIFE INSURANCE
If agreed upon by the parties, the □ mother □ father □ both shall insure his/her own life in the minimum amount of $ Type Amount by whole life or term insurance.  Until the child support obligation has been completed, each policy shall name the child/children as sole irrevocable primary beneficiary, with: □ the other parent □ other Type Other Information, as trustee for the benefit of the child(ren), to serve without bond or accounting.

IV. PRIMARY RESIDENTIAL PARENT (CUSTODIAN) FOR OTHER LEGAL PURPOSES

The child or children are scheduled to reside the majority of the time with the □ mother □ father. This parent is designated as the primary residential parent also known as the custodian, SOLELY for purposes of any other applicable state and federal laws. If the parents are listed in Section II as joint decision-makers, then, for purposes of obtaining health or other insurance, they shall be considered to be joint custodians. THIS DESIGNATION DOES NOT AFFECT EITHER PARENT’S RIGHTS OR RESPONSIBILITIES UNDER THIS PARENTING PLAN.

V. DISAGREEMENTS OR MODIFICATION OF PLAN

Should the parents disagree about this Parenting Plan or wish to modify it, they must make a good faith effort to resolve the issue by the process selected below before returning to Court. Except for financial support issues including child support, health and dental insurance, uncovered medical and dental expenses, and life insurance, disputes must be submitted to:
□ Mediation by a neutral party chosen by the parents or the Court.
□ Arbitration by a neutral party selected by parents or the Court.
□ The Court DUE TO ORDER OF PROTECTION OR RESTRICTIONS.
The costs of this process may be determined by the alternative dispute resolution process or may be assessed by the Court based upon the incomes of the parents. It must be commenced by notifying the other parent and the Court by □ written request □ certified mail
□ other: Please Type Other Information
In the dispute resolution process:
a. Preference shall be given to carrying out this Parenting Plan.
b. The parents shall use the process to resolve disputes relating to implementation of the Plan.
c. A written record shall be prepared of any agreement reached, and it shall be provided to each parent.
d. If the Court finds that a parent willfully failed to appear without good reason, the Court, upon motion, may award attorney fees and financial sanctions to the prevailing parent.

VI. RIGHTS OF PARENTS
Under Tennessee Code Annotated § 36-6-101 of Tennessee law, both parents are entitled to the following rights:
1. The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations;
2. The right to send mail to the child which the other parent shall not open or censor;
3. The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any event of hospitalization, major illness or death of the child;
4. The right to receive directly from the child’s school any school records customarily made available to parents. (The school may require a written request which includes a current mailing address and upon payment of reasonable costs of duplicating.) These include copies of the child’s report cards, attendance records, names of teachers, class schedules, and standardized test scores;
5. Unless otherwise provided by law, the right to receive copies of the child’s medical health or other treatment records directly from the physician or health care provider who provided treatment or health care. (The keeper of the records may require a written request which contains a current mailing address and the payment of reasonable costs of duplication.) No person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person;
6. The right to be free of unwarranted derogatory remarks made about the parent or his or her family by the other parent to the child or in the presence of the child;
7. The right to be given at least forty-eight (48) hours notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe them. These include the following: school activities, athletic activities, church activities and other activities where parental participation or observation would be appropriate;
8. The right to receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency;
9. The right to access and participation in education on the same basis that is provided to all parents. This includes the right of access to the child for lunch and other activities. However participation or access must be reasonable and not interfere with day-to-day operations or with the child’s educational performance.

VII. NOTICE REGARDING PARENTAL RELOCATION
The Tennessee statute (Tennessee Code Annotated § 36-6-108) which governs the notice to be given in connection with the relocation of a parent reads in pertinent part as follows:

If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent’s last known address by registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following:
1. Statement of intent to move;
2. Location of proposed new residence;
3. Reasons for proposed relocation; and
4. Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice.

VIII. PARENT EDUCATION CLASS

This requirement has been fulfilled by □ both parents □ mother □ father □ neither.
Failure to attend the parent education class within 60 days of this order is punishable by
contempt.

Under penalty of perjury, we declare that this plan has been proposed in good faith and is in the best interest of each minor child and that the statements herein and on the attached child support worksheets are true and correct. (A notary public is required if this is a proposed plan by one parent rather than one agreed by both parents.)

___________________________
Mother Date and Place Signed

Sworn to and subscribed before me this ______ day of ___________, 20_____.

My commission expires:________________ ________________________________
Notary Public

________________________________ _____________________________
Father Date and Place Signed

Sworn to and subscribed before me this ______ day of ______________, 20_____.

My commission expires: ________________ ________________________________
Notary Public

APPROVED FOR ENTRY:

Name of Mother’s Attorney Name of Father’s Attorney
Attorney for Mother Attorney for Father
Address Address
Address Address
Address Address
Address Address
Phone and BPR Number Phone and BPR Number
Phone and BPR Number Phone and BPR Number

Note: The judge or chancellor may sign below or, instead, sign a Final Decree or a separate Order incorporating this plan.
COURT COSTS (If applicable)
Court costs, if any, are taxed as follows:
Enter How Court Costs Will Be Taxed.
It is so ORDERED this the ________ day of ____________, 20 ____.

__________________________________
Judge or Chancellor

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