Custody

The judge is required to create a parenting plan in a custody case, as well as in a case for divorce, separation, annulment, or separate maintenance where there are minor children. A parenting plan must be based on the child’s best interests.¹

Usually, the judge will issue a temporary parenting plan while the court case is happening. This plan may include a temporary residential schedule and temporary financial support to keep the current situation until the judge issues a final decision.²

If you and the other parent can agree to a temporary parenting plan, the judge is not required to issue a written order.³ If you cannot agree, you could ask the judge to order dispute resolution, such as mediation. However, this cannot be ordered if the other parent has:

• “willfully abandoned” the child for an extended period of time;
• substantially refused to perform parenting responsibilities; or
• committed physical or sexual abuse or a pattern of emotional abuse of the child, you, or another person living with the child.⁴

A permanent parenting plan is issued at the end of the court case. It will include a division of “parenting responsibilities” and an award of child support, if appropriate. The permanent parenting plan is meant to:

• provide for the child’s changing needs as s/he grows and matures in a way that minimizes the need for changes to the plan in the future;
• establish each parent’s responsibilities for the child;
• divide decision-making power in the areas of education, health care, extracurricular activities, and religious upbringing;
• confirm that each parent would make day-to-day decisions for the child when the child is living with that parent;
• lessen the child’s exposure to conflict between the parents;
• provide for an alternative dispute resolution process, unless the other parent is abusive or willfully abandoned the child;
• require the parent paying child support to report his/her income every year;
• require that any parent who does not have a valid driver’s license must make acceptable transportation arrangements to protect the child;⁵ and
• create a residential schedule that makes one parent the primary residential parent and says which days of the year the child will live with each parent.⁶

“Parenting responsibilities” are the parts of a parent-child relationship where the parent makes decisions and acts in support of the care and growth of the child, including:

• providing for the child’s emotional care and stability;
• providing for the child’s physical care;
• providing encouragement and protection of the child’s intellectual and moral development;
• assisting the child in developing and maintaining appropriate interpersonal relationships;
• exercising good judgment regarding the child’s welfare; and
• providing financial security and support for the child.⁷

¹ TN ST § 36-6-402(5)
² TN ST § 36-6-402(6)
³ TN ST § 36-6-403(1)
⁴ TN ST §§ 36-6-403(2); 36-6-406(a)
⁵ TN ST §§ 36-6-404(a); 36-6-402(3)
⁶ TN ST §§ 36-6-404(b); 36-6-402(5)
⁷ TN ST § 36-6-402(2)