Memphis TN Parenting Plans FAQ’s

Here are the answers to questions that our Memphis divorce attorneys get asked most often regarding Tennessee Parenting Plans.

Q: What does a Parenting Plan have in it?

A: It has the schedule of whom the children are with and when they are with them on a day-to-day basis. It also has the schedule of where the children will spend holidays, days off from school, and other special days (such as birthdays). The Parenting Plan lists who will be providing the health and/or dental insurance for the children and who will be supplying the child support. The Plan will also include an allocation of parental responsibilities; that is, who makes the decisions for the children. Finally, if necessary, the Parenting Plan will have a list of reasons that require limiting the parenting time and decision making of one of the parents and in what amount the parenting time and decision making should be limited.

Q: When is a Parenting Plan required?

A: A Permanent Parenting Plan is required in any final decree or decree for modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child issued after January 1, 2001. Temporary Parenting Plans are required in any temporary orders of the court in actions for absolute divorce, legal separation, annulment, or separated maintenance involving a minor child issued after January 1, 2001.

Basically if you are receiving a divorce in Memphis and have children you will be required to file a parenting plan with the court along with your divorce papers.

Q: Who has to fill out a Parenting Plan?

A: The parties or their attorneys fill out the Parenting Plan. If the parties cannot agree to the terms of a Permanent or Temporary Parenting Plan, each parent files his or her own Plan with the Court and will, usually go on to mediation to resolve the differences.

In Memphis when there is an uncontested divorce usually both parties will agree to everything that is to be included in the parenting plan and either the husband or wife will file it or have their Memphis divorce lawyer file it.

Q: Where do I get a Parenting Plan?

A: Tennessee Code Annotated §36-6-404 requires that a parenting plan form shall be used consistently by each court within the state that approves parenting plans pursuant to §36-6-403 or §36-6-404″. The form is to be used on and after July 1, 2005. The form and instructions are located here.

Your Memphis divorce lawyer will have the proper form that is required. If you would like to see what these forms look like read our previous post here for an example.

Q: Who fills out the Parenting Plan, my lawyer or me?

A: You or your Memphis divorce lawyer can fill out the Parenting Plan. You may wish to have your lawyer help you (or your lawyer may wish to have you help him or her) fill out the details of the Plan.

Q: What if I don’t have a lawyer?

A: You can fill out the Plan by yourself and submit it to the Court for approval. If you and your spouse are in mediation, the mediator may help the two of you decide how to fill out the Plan once you have reached agreements on parts of the Plan.

Q: What if my spouse (or ex-spouse) and I don’t agree on some of the parts of the Parenting Plans?

A: You can use a mediator (on your own initiative or by order of the Court) to help you reach an agreement with your spouse. If mediation does not work, the Court will hold a hearing and will determine and order a Parenting Plan for you in the best interests of your children. This occurs most often in contested divorces.

Q: If my spouse filed a Parenting Plan, do I file my own Parenting Plan?

A: If you and your spouse agree on the Parenting Plan submitted to the Court, then you do not need to file a Plan of your own. If you do not agree with all of the parts of the Plan submitted by your spouse, then you should file your own Plan. With respect to a Temporary Parenting Plan, the new law requires that “each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by title 36, chapter 5, and a verified statement that the plan is proposed in good faith and is in the best interest of the child.” T.C.A. § 36-6-403(a)(2). With respect to a Permanent Parenting Plan, the law requires that “[i]f the parties have not reached agreement on a permanent parenting plan on or before forty-five (45) days before the date set for trial, each party shall file and serve a proposed permanent parenting plan, even though the parties may continue to mediate or negotiate. Failure to comply by a party may result in the court’s adoption of the plan filed by the opposing party if the court finds such plan to be in the best interests of the child.” T.C.A. § 36-6-404(c)(3).

Q: When do I file my Parenting Plan?

A: The Local Rules of the Court determine the specifics of when to file your Parenting Plan. In Memphis divorces you will file your proposed Temporary Plan with the divorce Complaint (if you are the plaintiff), Petition (if you are the Petitioner), Response (if you are the respondent), or Answer (if you are the defendant). The proposed Permanent Parenting Plan is generally filed prior to 45 days before the date set for the trial. T.C.A. § 36-6-404(c)(3).

Q: Where do I file my Parenting Plan?

A: The Parenting Plan is filed with the Clerk of the Court. The Clerk will then enter the Plan into the case file for the Judge or Chancellor to look over. Most Memphis divorces are filed with the Shelby County Circuit Clerk.