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EspañolWhat is a parenting plan and what are "parental responsibilities"?
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)
What rights do I have to my child when s/he is spending time with the other parent?
As long as the judge believes that it is in the child’s best interest, a custody order can include the following “rights” that a parent must have when the child is spending time with the other parent. The custody order can include that you, and the other parent, have the right to:
- not have the other parent make insulting or offensive remarks about you or your family to the child or in front of the child;
- uninterrupted telephone or video conference conversations, if available, with your child:
- at least twice a week;
- at reasonable times; and
- for a reasonable length of time;
- have the telephone number or video conference information, if it is available, where your child can be reached;
- send mail to your child without the other parent destroying it, opening it, or censoring it, and the other parent must give the child all of your letters, packages, etc., as soon as they are received;
- receive notice and relevant information within twenty-four hours or sooner, if possible, of any hospitalization, major illness or injury, or death of your child;
- receive directly from your child’s school any educational records that are usually made available to parents, including report cards, attendance records, names of teachers, class schedules, and standardized test scores. Also, the parent who enrolls the child in school must provide the name, address, telephone number, and other contact information for the school to the other parent if s/he requests it;
- be given at least forty-eight hours’ notice, whenever possible, of all extracurricular school, athletic, and religious activities where parental participation or observation would be appropriate. Each parent should have the opportunity to participate in the activities or observe them. Also, the parent who enrolled the child in each activity must advise the other parent of the activity and provide contact information for the person responsible for its scheduling so that the other parent can make arrangements to participate or observe unless this would be prohibited by a court order, such as a protection order;
- receive copies of your child’s medical, health, or other treatment records directly from the treating physician or healthcare provider. Also, the parent who arranges for medical treatment or health care must provide the name, address, telephone number, and other contact information for the physician or healthcare provider to the other parent if s/he requests it;
- reasonable access and participation in the child’s education on the same basis that are provided to all parents, such as the right to see the child during lunch and other school activities, as long as it does not interfere with the school’s day-to-day operations or with the child’s educational schedule; and
- receive from the other parent information about trips where the child is leaving the state for more than forty-eight hours, including the planned dates of departure and return, the places the child will be going, the form of travel, and a contact telephone number.1
1 TN ST § 36-6-101(a)(3)(A), (a)(3)(B)
