When parents divorce or separate, one of the most important decisions they will make is how their children will be cared for moving forward. In Tennessee, this is accomplished through a permanent parenting plan, which establishes each parent’s parenting time and responsibilities while focusing on what is in the best interests of the child. If you are going through divorce or separation with minor children in Tennessee, continue reading and speak with an experienced Tennessee divorce attorney to help you understand the process going forward.
What is a Permanent Parenting Plan in Tennessee?
When parents with minor children divorce or separate in Tennessee, they must establish a permanent parenting plan that outlines how they will continue to raise their children after the relationship ends. A permanent parenting plan is a court-approved document that sets forth each parent’s parenting time, responsibilities, and decision-making authority. Its purpose is to provide children with stability while encouraging both parents to remain actively involved in their lives.
Tennessee law follows the best interest of the child standard for parenting plan and custody issues. Although it is called a “permanent” parenting plan, the schedule does not necessarily last forever. As children grow, their educational, emotional, medical, and social needs often change, and family circumstances may change as well. As such, custody may be modified if there has been a material change in circumstances and the court determines that changing the plan is in the child’s best interests.
What is Required in A Permanent Parenting Plan?
A permanent parenting plan is required in all Tennessee divorce, legal separation, and custody cases involving minor children. Rather than focusing solely on the traditional concepts of “custody” and “visitation,” Tennessee law emphasizes parenting responsibilities and encourages both parents to remain actively present in their child’s life whenever appropriate.
A permanent parenting plan addresses both legal decision-making and the child’s residential schedule. Among other things, it establishes:
- Each parent’s parenting time schedule, including weekdays, weekends, holidays, vacations, and special occasions.
- Designates who will serve as the Primary Residential Parent for legal and administrative purposes.
- Detail how major decisions regarding education, healthcare, religion, and extracurricular activities will be made.
- Determine each parent’s day-to-day responsibilities while the child is in their care.
- Provide a process for resolving future disagreements, such as mediation, before returning to court whenever appropriate.
By clearly defining each parent’s responsibilities, the plan helps reduce misunderstandings and future disputes.
Who Writes a Permanent Parenting Plan?
Tennessee courts strongly encourage parents to work together to develop a parenting plan that meets the unique needs of their family. When parents communicate and reach an agreement, they can maintain control over how parenting responsibilities and parenting time will be shared, instead of having a third-party judge decide.
Once both parents agree on a proposed parenting plan, it is submitted to the court for approval. If the judge determines that the agreement complies with Tennessee law and serves the best interests of the child, the court will generally approve and incorporate the plan into the final divorce or child custody order, making it legally enforceable.
Unfortunately, not every custody case can be resolved through negotiation or agreement. In some cases, a relationship is too strained or contentious to work together on a plan. If no agreement is reached, each parent may submit a proposed parenting plan, and the judge will decide the custody arrangement, parenting schedule, and allocation of parental responsibilities after considering the evidence and the best-interest factors. The court’s decision will become the permanent parenting plan unless it is later modified by the court.
Whether you are negotiating an agreement with the other parent or preparing for a contested custody hearing, having an experienced family law attorney with you every step of the way is essential to protecting your rights, as well as the interests of your child.
Seek Legal Help With Permanent Parenting Plan
A permanent parenting plan can shape your relationship with your child for years to come. If you are involved in a Tennessee divorce or child custody matter, an experienced family law attorney from J. Ryan Johnson Law can help protect your parental rights and advocate for a parenting plan that serves your child’s best interests. Contact us today to discuss your case and learn how we can guide you through every stage of the parenting plan process.
