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What is a Parenting Plan in Tennessee Custody Cases?

When two parents separate or divorce, the most important consideration Tennessee courts will have is how to best preserve the physical and emotional well-being of the children involved. In order to protect the child, along with each party’s parental rights, a parenting plan must be created. Parenting plans are required by law in all custody and divorce cases involving minor children. Understanding how these plans work, what they should include, and how courts evaluate them can help protect your rights and your child’s best interests. Consult with a skilled Memphis, Tennessee family law agreement attorney for more information today.

What is a Parenting Plan?

Parenting plans are court-approved documents that outline each parent’s rights and responsibilities regarding their child’s upbringing after a divorce or separation. It defines the legal and physical custody rights and responsibilities of each parent and helps reduce conflict by setting clear rules about parenting time, communication, and decision-making.

Tennessee state law recognizes that children benefit from maintaining a healthy relationship with both parents, so parenting plans ensure that both parties remain actively involved in their child’s life while establishing clear boundaries and rules. The court’s primary concern is always the best interests of the child, not the preferences of either parent.

What Should Be Included in a Parenting Plan in TN?

Parenting plans are beneficial in that they clearly outline rights and obligations, which helps reduce disputes and confusion. Under Tennessee Code Annotated § 36-6-404, a permanent parenting plan will:

  • Provide for the child’s changing needs as they grow and mature in a way that minimizes the need for modifications later on
  • Establish the authority and responsibilities of each parent with respect to the child
  • Minimize the child’s exposure to harmful parental conflict
  • Provide a process for dispute resolution before resorting to court action
  • Allocate decision-making authority to one or both parties regarding the child’s education, health care, extracurricular activities, and religious upbringing
  • Provide that each parent may make day-to-day decisions regarding the child’s care while they are residing with that parent
  • Provide that when mutual decision making is needed, but an agreement cannot be made, the parties will make a good-faith effort to resolve the issue through the appropriate process
  • Require the parent who pays child support to submit an annual income report to the parent who receives child support to provide their financial information every year
  • Outline the transportation arrangements for the child when they are in each parent’s care and during exchanges
  • Include a residential schedule

Parents are permitted and even encouraged to create a parenting plan on their own, but if they cannot agree, the court will step in to create the arrangement based on what serves the child’s best interests. If you have questions about parenting plans and your rights during your custody case, work with a skilled family lawyer today.

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