Who has to fill out a Parenting Plan?
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.
Where do I get a Parenting Plan?
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.
Who fills out the Parenting Plan, my lawyer or me?
You or your 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.
What if I don’t have a lawyer?
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.
What if my spouse (or ex-spouse) and I don’t agree on some of the parts of the Parenting Plans?
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.
If my spouse filed a Parenting Plan, do I file my own Parenting Plan?
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).
When do I file my Parenting Plan?
The Local Rules of the Court determine the specifics of when to file your Parenting Plan. In general, (but, maybe, not always; check with the Local Rules for your Court) you will have filed your proposed Temporary Plan on time if you file your 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).
Where do I file my Parenting Plan?
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.