Permanent Parenting Plan FAQ
August 26, 2023
A permanent parenting plan is a plan required for any Tennessee divorce in which the parties have minor children that establish each parent’s time, responsibilities, and authority with regard to their children. It establishes the custody and visitation schedules for each parent.
Tennessee law requires that each parenting plan do the following: (1) “provide for the child’s changing needs as the child grows and matures”; (2) set out the authority and responsibilities of each parent with regard to the child; (3) “minimize the child’s exposure to harmful parental conflict”; (4) “provide for a process for dispute resolution” (5) allocate to one parent the primary authority to make educational and health decisions regarding the child; (6) give day-to-day decision-making regarding the child to the parent whom the child is staying with at that time; (7) provide that the parties shall act in good faith to further best interest of the children; (8) require any parent who pays child support to provide yearly accounting of their income; and (9) require that any parent who does not have a valid driver’s license to ensure adequate transportation for the minor to the other parent.
A court must approve a permanent parenting plan for a divorce to be considered valid and final. The court can approve a permanent parenting plan based upon the agreement of the parties at the time of a final divorce decree or upon a modified divorce decree.
However, if the parties cannot agree on a permanent parenting plan, the court can order the parties to “appropriate dispute resolution proceedings.” This means that each side must present their case to a neutral, licensed mediator. In disputed proceedings, oftentimes each side will submit a proposed parenting plan and the court ultimately has to determine what is the proper permanent parenting plan based upon the best interests of the child or children involved.
Much as with child custody decisions in general, the courts will employ a “best interest” determination in deciding whether to approve or deny a permanent parenting plan. The Tennessee Court of Appeals explained in 2020 that “the polestar behind any parenting arrangement remains the best interests of the children impacted.”
Yes, Tennessee law provides that trial judges have broad discretion in determining permanent parenting plans that fulfill the best interests of the children involved. This means that it is essential that you have a qualified family law attorney to argue your case in court. If you are contemplating filing for divorce or have been served with divorce papers, then consider contacting an experienced family law attorney, such as Tiffany Hagar of the Lebanon-based law firm Hagar & Phillips.
Yes, the TNCourts.gov website – operated by the Administrative Office of the Courts – has listed permanent parenting plans forms for individuals in divorce cases. There are forms in English, Spanish, Korean, and Vietnamese on the website. You will have to provide much of the information that goes into these forms. Working with your attorney and legal support staff, you then submit your permanent parenting plan for consideration by the court.
If you have questions about a Parenting Plan, our attorneys at Hagar & Phillips can help. Call us to schedule a consultation to discuss your specific circumstances and have your questions answered.
For more information about domestic relations, family law, or custody matters, you can speak with the best attorney in Lebanon, TN. Contact Hagar & Phillips for a confidential consultation at 615-784-4588.
