Seeking a divorce is a complicated process, and doing so with children creates another layer of considerations for families. In 2001, Tennessee enacted a law that created “permanent parenting plans” as the part of the process which sets forth access for parents to their children (TN Code § 36-6-401).

What are parenting plans?

Your parenting plan should be a detailed outline of how, when, and where each parent will be responsible for the care of their children. In Tennessee, a parenting plan contains the following:

• Allocation of parental responsibilities
• Allocation of child support
• Establishment of the children’s residential schedule

Allocating parental responsibilities could mean taking children to school, paying for insurance coverage, or delineating which parent is involved in certain extracurricular activities. When one parent will have more time with the children than the other parent, there are times when that parent will shoulder more of the decision-making abilities. Ideally, this will be decided upon and agreed to by both parents. Parenting plans will also provide details about child support payments, amounts, and the responsible party.

Establishment of a residential schedule for children is typical of Tennessee parenting plans, as well. This will name a primary residential parent, and can include information about daily living arrangements, school expectations, weekend living arrangements, visitations, holidays, family celebrations, and other occasions. Our Nashville child custody lawyers can help you create this document, which is subject to court approval.

Negotiating for parenting time

Not all parents will agree on a parenting plan. If you find yourself in this situation, you may be in store for a long mediation, or for some seemingly irreconcilable differences. Here are some guidelines for negotiating parenting time that, when followed, might make your piece of the divorce less difficult.

1. Submit a partial parenting plan. If you and your spouse disagree on some or all of the parenting plan, you can submit a partial parenting plan to the court, noting where there is disagreement. For example, if you think every other Christmas should be spent with your family, and your spouse wants your children to spend every holiday with his family, your parenting plan document can include that notation. The court will decide your fate at these nexus points. These resolutions can happen at mediation, settlement conferences, or at trial.
2. Attend the parenting seminar. In Tennessee, prior to qualification for divorce, you will need to attend a four-hour seminar for divorcing parents. If you are proactive and attend this seminar in good faith, it will go a long way to showcase your intention. Additionally, you will learn much about how to co-parent your children after a divorce. There is a nominal fee for these seminars, but if you cannot afford it, the court may be able to make arrangements. Failure to attend the seminar could put you in Contempt of Court. Seminars are currently held in more than 65 counties in the state.
3. Check your motives. Divorce can be an emotional and difficult time. It is your duty as a parent to model productive conflict resolution tactics for your children. Unfortunately, all too often, this feels next to impossible during the dissolution of a marriage. Always keep the welfare of your children foremost in your mind, and avoid acting out of anger or sadness when resolving parenting matters with your spouse.

Your parenting time negotiations can be productive and workable. To avoid a dispute, call or contact a Nashville divorce attorney that helps Tennessee families design parenting plans in the best interests of the children. Please call 615-391-4200 or use our contact form to reserve an in-person or video consultation with the dedicated legal team at Miller Upshaw Family Law, PLLC.