Judges across the state are preparing for the state’s new Parenting Plan requiring divorcing couples with minor children to take part in a program designed to ease the trauma of the family breakup on the youngest members and protect their emotional and financial well-being.
Beginning Jan. 1 when the law takes effect, parents who are ending their marriages will be required to comply with the multi-faceted plan. Two key elements are a minimum of four hours of mandatory parenting education and a very detailed written parenting plan. The emphasis is on keeping both parents involved in their children’s lives.
Enacted by the 101st General Assembly, the Parenting Plan is a significant change in domestic relations law in Tennessee and is expected to be a model for other states. The law removes the terms “custody” and “visitation” from divorce proceedings. Rather, in a divorce or legal separation where there are minor children in the family, both parents will cooperatively consider and prepare their parenting plan.
The written plan will detail the obligations of each parent and list who will be caring for the children under normal and special circumstances. It will specify who makes decisions for the children and spell out child support arrangements. The plan also tells parents how they may resolve problems through mediation without going back into court.
The education component includes discussions of the legal process, alternative dispute resolution, marriage counseling, the judicial process and common attitudes and conduct involving domestic violence. The classes are available statewide and the providers are offering them at reduced prices to low-income parents.
The new law is based on a pilot project conducted over the past two years in six of Tennessee’s 31 judicial districts. The participating judges, clerks, attorneys and parents gave the program high marks on effectiveness in reducing stress on families involved in divorce. In addition, the pilot project courts saw a significant decrease in post-decree filings by parents with parenting plans.