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Introduction to Tennessee's New Parenting Plan Law
From a Divorce Lawyer Memphis
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As of January 1, 2001, the concept of "custody" disappeared from most of Tennessee 's law books. This was a direct result of our relatively new "parenting plan" legislation. To many clients' dissatisfaction, the exact answer to a particular question may not exist until a Judge rules on the issue. Even then, the Judge's decision has no precedential effect unless the Court of Appeals affirms it. This article is designed to provide a basic introduction to the new law and, thus, will not address everything you need to know. Your lawyer will need to answer your remaining questions, at least as far as they can be answered at this point.
Generally, in order for the parties to receive a divorce, the new law requires court approval of a "permanent parenting plan" issued on court-approved forms which complies with certain strict statutory requirements. Requirements for the permanent parenting plan include listing out in detail the responsibilities of each parent with respect to decision-making; to where the children will sleep during weekdays, weekends, and holidays; to educational decisions; to financial support; to the procedure by which the parents will handle disagreements (most parties will choose mandatory mediation); and to any other important child development issues. Also, the law requires that the plan list all rights possessed by the parents as enacted by the Legislature, which include the right to telephone access with the children and unfettered rights to medical and school records. The parenting plan form is very detailed and will require a sincere effort by both parents for the agreement to be reached. This law, in effect, will require parents to act like adults. Few exceptions exist, but important exceptions apply in those situations involving domestic violence.
Creating this permanent parenting plan can be procedurally challenging. If there is not immediate agreement between the parties, mandatory mediation is an extra step that a party can request or a court can impose. For those parents seeking divorce that can get along, this should not pose a serious problem, only a few extra headaches. For those parents who cannot agree and do not get along, a serious investment of time and resources will be needed. In theory, this investment should pay dividends in the long run, reducing the need and expense of returning to the court system when conflicts arise.
As a beginning point, there are new terms to learn. "Primary residential parent" takes the place of "custodial parent." "Residential time" or "parenting time" replaces "visitation." Taking the old words out of our vocabulary will be challenging, especially since the new terms do not mean exactly the same as the old. Final decision-making authority, a.k.a. control, as a concept still exists. Final decision-making authority will most likely be possessed by the "primary residential parent." For day-to-day decision-making, the parent with whom the children are residing at that time will have the say-so. For major decisions, however, there will be an opportunity to divide important parental responsibility between the parents. The new law created a parenting plan form which, by design, can allow for the splitting of decision-making authority by subject matter between the parents on such important issues as education, health care, extra-curricular activities, and religious training. Other categories may be added by the parties. Depending upon the particular parent's perspective, the permanent parenting plan will either help the parties avoid conflict or create conflict where it did not exist before.
According to the new law, before a divorce will be granted, both parents must attend a parenting education seminar lasting at least four (4) hours. In some cases where sincere disagreement appears inevitable, the parties may first be required to seek court approval of a temporary parenting plan. Temporary parenting plans require less detail than permanent parenting plans and are not designed to last for a long time.
In the event no permanent parenting plan is agreed upon, the first stop will most likely be mandatory mediation. Although there are other forms of alternative dispute resolution allowed, mediation is by far the most common form. If the alternative dispute resolution process fails, the parents will head towards trial. Proposed permanent parenting plans must be filed and served no less than forty-five (45) days prior to the trial date. In the event one parent fails to file a proposed parenting plan, that parent runs the risk of having the filing parent’s plan approved by default. Each proposed parenting plan must include an attached statement of income and expenses and be signed under oath that the plan was proposed in good faith and in the best interest of the child.
| Written by divorce and family lawyers with the Crone & Mason, plc Family Law Practice Group, our attorneys provide details of Tennessee divorce and other family law issues including answers to many frequently asked questions. Offices serving Nashville and Memphis Tennessee and surrounding area. Copyright, Crone & Mason, plc, 2007. |
Memphis Divorce Lawyer: 5100 Poplar Avenue | Suite 3200 | Memphis, Tennessee TN (USA) 38137 | Tel: (901) 683-1850 | Fax: (901) 683-1963
Nashville Divorce Lawyer: 205 Powell Place | Brentwood, Tennessee TN (USA) 37027 | Tel: (615) 369-0640 | Fax: (615) 369-0639
Email: firm@cronemason.com
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