Knoxville Child Custody: Permanent Parenting Plan

In Tennessee, a parenting plan is a document that outlines how separated or divorced parents will raise their children. In Tennessee, a parenting plan is required in all cases involving custody and visitation, whether the parents are married, divorced, or were never married. Understanding the purpose and benefits of a parenting plan under Tennessee law and the Tennessee Rules of Civil Procedure can help parents make informed decisions about co-parenting arrangements.

Tennessee law requires divorcing or separating parents to develop a parenting plan that addresses the custody and visitation arrangements for their children. The purpose of a parenting plan is to ensure that children maintain a close and ongoing relationship with both parents, even after the divorce or separation. Additionally, a parenting plan can help reduce conflict between parents by establishing clear guidelines for co-parenting.

 Who Can Have a Parenting Plan in Tennessee?

1. Divorcing Parents: When parents divorce in Tennessee, they must create a parenting plan as part of the divorce process. The plan will outline each parent's rights and responsibilities regarding the children, including custody, visitation, and decision-making authority.
2. Unmarried Parents: Even if parents were never married, they can still create a parenting plan to establish custody, visitation, and other aspects of co-parenting. Having a formal plan can help avoid disputes and provide clarity for both parents.

Components of a Parenting Plan in Tennessee?

A parenting plan typically includes provisions for the following:

1. Residential Schedule: Specifies where the children will live on a day-to-day basis, including weekdays, weekends, holidays, and school breaks.
2. Decision-Making Authority: Outlines how major decisions regarding the children's education, healthcare, and religious upbringing will be made.
3. Communication: Establishes guidelines for communication between parents regarding the children, including methods of communication and frequency of updates.
4. Dispute Resolution: Provides a process for resolving disputes that may arise between parents regarding the parenting plan.
5. Relocation: Addresses how any potential relocation of one parent will be handled and the impact it may have on the parenting plan.

What Are The Benefits of A Parenting Plan in Tennessee?

Having a well-thought-out parenting plan offers several benefits for both children and parents, including:

1. Clarity and Consistency: A parenting plan provides a clear framework for co-parenting, reducing confusion and disagreements between parents.
2. Focus on the Child's Best Interests: The plan is designed to ensure that decisions regarding the children are made based on their best interests, rather than the desires of either parent.
3. Minimize Conflict: By establishing clear guidelines for custody and visitation, a parenting plan can help minimize conflicts between parents.
4. Legal Protection: A parenting plan is a legally binding document, which means that both parents are obligated to follow its terms. This provides legal protection for both parents and ensures that each parent's rights are respected.
5. Flexibility: While a parenting plan provides a structure for co-parenting, it can also be flexible enough to accommodate changes in circumstances, such as a parent's work schedule or the child's needs.

Ways of Violating a Parenting Plan in Tennessee

1. Failure to Follow Visitation Schedule: One common way a parent may breach a parenting plan is by failing to follow the visitation schedule outlined in the plan. This can include refusing to allow the other parent scheduled visitation time or consistently arriving late for exchanges.
2. Interference with Parent-Child Relationship: Another form of breach is when a parent interferes with the other parent's relationship with the child. This can include speaking negatively about the other parent in front of the child or refusing to communicate important information about the child's well-being.
3. Failure to Comply with Decision-Making Authority: If the parenting plan grants one parent decision-making authority over certain aspects of the child's life, such as education or healthcare, failing to consult with the other parent before making decisions can be considered a breach.

Legal Consequences of Violating a Parenting Plan in Tennessee

1. Contempt of Court: If a parent breaches a parenting plan, the other parent may file a motion for contempt of court. If the court finds that the parent is in contempt, they may face fines, sanctions, or other penalties.
2. Modification of Parenting Plan: In some cases, a breach of the parenting plan may warrant a modification of the plan. The court may change the custody or visitation arrangements to better protect the child's best interests.
3. Loss of Parental Rights: In severe cases, repeated or egregious breaches of the parenting plan may result in the breaching parent losing some or all of their parental rights.

Conclusion 

A parenting plan is a crucial document for divorcing or separating parents in Tennessee. It helps ensure that children maintain healthy relationships with both parents and provides a framework for effective co-parenting. If you are going through a divorce or separation in Tennessee, Herrea Still, PLLC is a Knoxville, TN family law firm that focuses on divorces and child custody, and we are ready to help you develop a parenting plan that meets your family's unique needs. Please call us at (865) 888-6224 to schedule a consultation.