Parenting Plans in Tennessee: What Parents Need to Know

At a glance

• A permanent parenting plan is required when a Tennessee divorce or legal separation involves minor children.
• It sets the residential schedule, names the primary residential parent, assigns decision-making, and includes child support.
• Once the judge signs it, it is a court order.
• Changing it later requires a material change in circumstance and court approval.

What Is a Parenting Plan?

A parenting plan sets out how two parents will share responsibility for their minor children after they separate. It covers where the children will live, the parenting-time schedule, and how parents and children will communicate.

In Tennessee, every divorce, legal separation, annulment, or separate maintenance case involving minor children ends with a permanent parenting plan (Tenn. Code Ann. § 36-6-404). Parents can agree on the plan themselves. If they can't, the court may send them to mediation. If they still can't agree, each parent files a proposed plan and the judge decides. Either way, the plan must serve the best interests of the child.

Parenting plans are designed to:

• Minimize ambiguity and conflict by providing clear expectations
• Support the child's emotional and physical well-being through stability and routine
• Encourage both parents to remain actively involved in their child's life, when safe and appropriate

The parenting plan will include arrangements for where children will live on weekdays, weekends, holidays, and school breaks. It will also lay out how major decisions about education, health care, religious upbringing, and extracurricular activities will be made. It covers how parents and children stay in touch, and it includes child support.

Once approved by a judge, your parenting plan becomes a binding court order. This means both parents are legally obligated to follow its terms. The plan sets out how disputes will be resolved and how changes can be made, and neither parent can change the plan on their own.

Who Needs a Parenting Plan in Tennessee?

Any Tennessee parent going through a divorce, legal separation, annulment, or separate maintenance case with minor children will need a permanent parenting plan. While the case is pending, the court can put a temporary parenting plan in place (Tenn. Code Ann. § 36-6-403). Tennessee courts use a standard Permanent Parenting Plan form, and I can help you complete it or negotiate its terms.

What a Tennessee Permanent Parenting Plan Must Include

Residential Schedule and Primary Residential Parent

The residential schedule specifies where the child will live each day, including holidays, vacations, and special occasions. These residential provisions need to take into account, and be consistent with, the child's developmental level and the family's social and economic circumstances (Tenn. Code Ann. § 36-6-404(b)).

The plan must also name a primary residential parent, meaning the parent the child lives with more than half of the time (Tenn. Code Ann. § 36-6-410). The other parent is often called the alternate residential parent, the term Tennessee's child support guidelines use. Parents who share time equally may agree to be joint primary residential parents or to waive the designation. To learn how courts approach this decision, read my article, 5 Ways to Get Custody of Your Children in a Divorce.

Decision-Making Authority

The parenting plan will also designate who makes major decisions for the children in areas such as education, non-emergency health care, religion, and extracurricular activities. Major decisions can be made jointly, or assigned to one parent, area by area. For example, parents might share education decisions while one parent makes non-emergency health care decisions. Day-to-day decisions are made by the parent the child is with at the time. Learn more about legal and physical custody on my child custody page.

Child Support and Other Financial Provisions

A Tennessee permanent parenting plan includes an award of child support calculated under Tennessee's child support guidelines. The state's plan form also addresses the payment schedule, health insurance for the children, and the tax exemption.

Communication Between Parents and Children

The parenting plan sets out how parents will communicate with each other, for example by phone, text, email, or a co-parenting app. Tennessee law also gives each parent the right to unimpeded phone or, where available, video calls with the child at least twice a week (Tenn. Code Ann. § 36-6-101(a)(3)).

Resolving Disagreements

The plan also sets out how disagreements will be handled. Except in emergencies, parents must use that process before going back to court. It is usually mediation, but arbitration or a settlement conference also qualify. Different rules apply where there has been abuse or an order of protection. To learn how courts weigh a parent's fitness, see How Do the Courts Decide Whether a Parent Is Unfit for Custody?

A good plan also looks ahead. Tennessee law asks parents to plan for how their children's needs will change as they grow, so the plan doesn't have to be changed every few years.

How a Parenting Plan Is Approved

• By agreement: When parents agree, they submit their plan to the court for approval. This is usually the quickest and least expensive path.
• Through mediation: If parents can't agree, the court may order mediation to help them reach an agreement.
• By the judge: If there is still no agreement as trial approaches, each parent files a proposed parenting plan and the judge decides, based on the child's best interests.

Each parent must also attend a parent education class of at least four hours, as soon as possible after the case is filed (Tenn. Code Ann. § 36-6-408). The state's plan form warns that failing to attend can be punished as contempt of court.

Common Residential Schedules

Tennessee law doesn't require any particular schedule. The right one depends on your children's ages and school, and on each parent's work and home. Common examples include:

• Alternating weekends: the children live mainly with one parent and spend every other weekend, and sometimes a weeknight, with the other.
• Week on, week off: the children alternate full weeks between homes.
• 2-2-3: the children spend two days with one parent, two days with the other, then three days with the first parent, switching each week.

For more on how parenting time is divided, read How Does the Law Determine Splitting Time With Divorced Parents?

Optional Provisions to Consider

Right of First Refusal

Many parents also choose to include a right of first refusal. Tennessee law doesn't require one, and it isn't part of the state's standard form. If you include it, a parent who can't care for the child for a set period must offer that time to the other parent before arranging a babysitter or other care.

New Partners, Exchanges, and Emergencies

Parenting plans can also include rules for introducing new partners (see my article, Can I Keep My Ex From Bringing a New Partner Around Our Child?) and protocols for emergencies. It's wise to keep a record of exchanges and visits, and the plan can say how a parent gives notice of a missed visit.

Long-Distance Parenting

When distance limits in-person time, the plan can add more detail to each parent's phone and video rights, such as set call times and regular video visits.

Moving With Your Child

A parent who plans to move out of state, or more than 50 miles from the other parent within Tennessee, must give the other parent written notice by registered or certified mail at least 60 days before the move (Tenn. Code Ann. § 36-6-108).

Avoid Vague Language

Parenting plans should avoid vague language like "as agreed" or "liberal visitation," which can lead to confusion and conflict. Procedures for future changes or disputes should be clearly stated to avoid costly court battles down the road.

Modifying a Parenting Plan in Tennessee

In Tennessee, either parent may ask the court to modify a parenting plan when there has been a material change in circumstance affecting the child's best interest.

Common reasons for modification can include changes in a parent's work schedule or living situation, relocation of a parent, changes in the children's health or educational needs, or evidence that the current arrangement is not serving the best interest of the children.

How the Modification Process Works

1. Filing a petition: The parent seeking a change files a petition to modify the parenting plan, explaining what has changed and what they are asking for.
2. Showing a material change in circumstance: To change the residential schedule, the parent must show a material change of circumstance affecting the child's best interest, such as a significant change in the child's needs as they grow, a significant change in a parent's living or working situation, or a parent not following the plan. Changing which parent is the primary residential parent also requires proof of a material change in circumstance (Tenn. Code Ann. § 36-6-101(a)(2)(B)–(C)). Courts look for changes that are significant, not simply minor disagreements or preferences.
3. Best interests of the child: As with the original parenting plan, the court's primary concern is the child's best interests. The judge will review the proposed changes to ensure they support the child's stability, safety, and emotional well-being.
4. Negotiation and mediation: Parents are encouraged to agree on changes, and the court may order mediation before a hearing. Mediation isn't ordered where abuse has limited a parent's role, where a parent can't afford it, or for other good cause. With an order of protection, it can happen only if the victim agrees and the mediator is trained in domestic violence.
5. Court approval: Any changes, even those agreed upon by both parents, must be approved by the court to become legally binding.

Parenting Plan FAQs

Is a parenting plan the same as custody?

Tennessee uses the parenting plan to set what many people call custody and visitation: the residential schedule, the primary residential parent, and decision-making. Learn more on my child custody page.

Is child support part of the parenting plan?

Yes. Tennessee's permanent parenting plan includes child support calculated under the state guidelines.

What if we can't agree on a parenting plan?

The court may order mediation. If you still can't agree, each parent files a proposed plan and the judge decides based on the child's best interests.

Can we change our parenting plan later?

Yes, with court approval. You'll need to show a material change in circumstance, and even agreed changes must be approved by the judge.

Do I have to take a parenting class?

Yes. Each parent must attend a parent education class of at least four hours.

How a Chattanooga Parenting Plan Lawyer Can Help

Navigating the parenting plan process can be overwhelming, especially during an emotionally charged time. As your attorney, I will:

• Listen to your concerns and priorities
• Explain legal concepts in clear, accessible language
• Help you draft a plan that protects your child's best interests and fits your family's unique situation
• Advocate for your rights in negotiations and court proceedings
• Guide you through modifications or enforcement if circumstances change

At the Law Offices of Fisher Wise and Associates, I understand how stressful this process can be. My goal is to provide compassionate, clear, and effective guidance so you can focus on your family's well-being. If you need help creating or enforcing a parenting plan in Tennessee, or believe your current parenting plan no longer fits your family's needs, call to schedule a free consultation. I'm here to support you every step of the way, whether you are going through a divorce or updating an existing plan.