v. ) [ ] Proposed Plan by [ ] Mother [ ] Father OR [ ] Agreed Plan
Defendant/Respondent )_________________________________________________
PERMANENT PARENTING PLAN
This Permanent Parenting Plan respect to the parenting
of their children is presented by _________________(hereinafter referred to as "Mother") and ___________________ (hereinafter
referred to as "Father").
This plan is proposed by:________________________________________________
This plan has been reached by [ ] Agreement [ ] Mediation [ ] Other ADR [ ] by Court hearing on
____________, 20___.
This parenting plan applies to the following children:
Name Birthdate ______________________________________________________
1. SCHEDULES
1.1 AGREEMENT OR DISAGREEMENT TO A RESIDENTIAL SCHEDULE.
[ ] The parties have been unable to agree, and the residential provisions are submitted to the
Court for decision.
[ ] The parties have agreed to the following residential schedule:
1.2 PRE-SCHOOL SCHEDULE.
[ ] There are _________ [
number] children of preschool age.
[ ] Prior to enrollment in school, there are special education needs of _______________ _______________________________________
[
name(s) of child(ren)] which will be addressed as follows:___________________________________________________
[ ] Prior to enrollment in school, the child(ren) will reside with [ ] Mother [ ] Father, except
for the following days and times when the child(ren) will reside or be with the other parent:
[ ] From:____________________ [
Day/Time] To:_____________________[Day/Time]
[ ] every week [ ] every other week [ ] the first and third week of the month [ ] the second and
fourth week of the month [ ] other:______________________________________ [ ] And from:__________________
[
Day/Time]
To:___________________[Day/Time][ ] every week [ ] every other week [ ] the first and third week of the month [ ] the second and
fourth week of the month [ ] other:______________________________________
1.3 SCHOOL SCHEDULE.
1.3.1
Upon enrollment in school, the
child(ren) will reside with [ ] Mother [ ] Father, except for the following days and times when the child(ren) will reside
or be with the other parent: [ ] From:_________________ [Day/Time] To:_____________ [Day/Time][ ] every week [ ] every
other week [ ] the first and third week of the month [ ] the second and fourth week of the month [ ] other:______________________________________[ ] And from:__________________[Day/Time] To:____________________[Day/Time][ ] every week [ ] every other week [ ] the first and third week
of the month [ ] the second and fourth week of the month [ ] other:______________________________________
1.3.2
This school schedule will start
when each child begins [ ] kindergarten [ ] first grade [ ] other:_____________________________________________________________
1.4 SCHEDULE FO R WINTER/CH RISTMAS VACATION.
The
child(ren) will reside with [ ] Mother [ ] Father during the winter vacation, except for the following days and times when
the child(ren) will reside or be with the other parent as follows:_____________________________________________________________
1.5 SCHEDULE FOR SPRING VACATION. The child(ren) will reside with [ ] Mother [ ] Father during the spring vacation, except for the following
days and times when the child(ren) will reside or be with the other parent as follows:______________________________________________________________
1.6 SUMMER SCHEDULE.
Upon completion
of the school year, the child(ren) will reside with as follows:________________ except for the following days and times when
the child(ren) will reside with or be with other persons or the other parent:
[ ] same as school year schedule [ ] one week every month [ ] Two weeks every month [ ] One month
beginning___________ [ ] ______ weeks, starting _____________ [ ] Summer camp beginning________________ [ ] Summer sports
programs will be honored, and they begin _____________ and end_____________ [ ] Other: _____________________________________________________________________
1.7 SCHEDULE FO R HO LIDAYS.
The residential
schedule for the child(ren) for the holidays is:
New Years Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [
] Every Year
Martin Luther King Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Presidents Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Easter [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Passover [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Memorial Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Mothers Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Fathers Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
July 4th [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Labor Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Veterans Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Thanksgiving Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Christmas Eve [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Christmas Day [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Hanukkah [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Birthdays [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
Other Special [ ] Mother [ ] Father [ ] Odd Years [ ] Even Years [ ] Every Year
For purposes of this parenting plan, a holiday will begin and end as follows:_________________________________________________[set forth times]
Note: Holidays which fall on a Friday or Monday will include Saturday and Sunday.
1.8 RESIDENTIAL TIME RESTRICTIONS.
[ ] Do not apply
OR [ ] The residential time of the [ ] mother [ ] father with the child(ren) will be restricted
because of:
[ ] physical abuse, sexual abuse, or a pattern of emotional abuse;
[ ] a history of acts of domestic violence or an assault or sexual assault which has caused grievous
bodily harm or the fear of such harm;
[ ] neglect or substantial non-performance of parenting functions;
[ ] a long-term emotional or physical impairment which interferes with the performance of parenting
functions;
[ ] absence of or substantial impairment of emotional ties between the child and the parent;
[ ] abusive use of conflict by the parent which creates the danger of serious damage to a childs
psychological development;
[ ] withholding from the other parent access to a child for protracted period without good cause
as follows:______________________________________________________
[ ] These restrictions are to remain [ ] permanently OR [ ] until ____________________
1.9 TRANSPO RTATION ARRANGEMENTS.
Transportation
arrangements for the child(ren) between the parents will be as follows: _________________________________
The costs of transportation shall be [ ] paid equally
OR [ ] paid by [ ] Mother [ ] Father.
1.10 OTHER PROVISIONS.
The following
special provisions apply to the schedules or residence considerations of the child(ren): ___________________________________
2. DECISION MAKING
2.1 DAY-TO-DAY DECISIONS.
Each parent
will make decisions regarding the day-to-day care and control of each child while the child is residing with that parent.
Regardless of the allocation of decision making in the parenting plan, either parent may make emergency decisions affecting
the health and safety of the child(ren).
2.2 MAJOR DECISION S.
Major decisions
regarding each child will be made as follows:
2.2.1 SPECIAL EDUCATION.
The following
provision is made with respect to the child(ren) and any special or private schooling upon which the mother and father may
agree: ___________________________________________________________________
2.2.2 SCHOOLS TO BE ATTENDED.
The child(ren)
are in the following grades and schools:
Child 1._____________________________________[
Child's name] [Grade] [School]
Child 2._____________________________________[
Child's name] [Grade] [School]
Child
1 will continue to attend ______________________[elementary school] until the ___ grade,
at which time Child 1 will
then attend ________________________[middle school] and ______________________________[high school] in the feeder system of __________________________ [elementary school], since it is recognized that most of
Child 1's classmates will
also do so.
Child 2
will continue to attend ______________________[elementary school] until the ___ grade,
at which time Child 2 will
then attend ________________________[middle school] and ______________________________[high school] in the feeder system of __________________________ [elementary school], since it is recognized that most of
Child 2's classmates will
also do so.
In the event [ ] Mother [ ] Father moves from the neighborhood of the feeder system in which the child(ren)
presently are educated, then the child(ren) will be enrolled in the Middle School and High School of the public school feeder
system for that neighborhood. [ ] Mother [ ] Father moves will consult with [ ] Mother [ ] Father moves as soon as possible
after any such decision is considered but in any event at least ninety (90) days before any such decision to move is to be
implemented. Upon graduation from High School, Mother and Father will consult with respect to the college education of the
children. In the event that either parent will desire that the children attend college and if the other parent is not willing
to contribute to the expense of college education, then the parent desiring the college education will have the decision making
authority with respect thereto. In the event that both parents contribute to the college education, then decisions with respect
to that education will be shared, and the parents will consult on all major aspects of that education. Education decisions
not covered herein will be made by [ ] Mother [ ] Father moves after consultation.
2.2.3 EXTRACURRICULAR ACTIVITIES.
Both
parents have encouraged the child(ren) to engage in extracurricular activities, and to that end they are willing to share
in the expense of, and will jointly consult with respect to, the following (narrow the list as appropriate): _________________________________________________________
To the extent that one parent is not willing to participate in the funding of any extracurricular
activity, then the other parent will have the sole decision-making authority with respect to that activity, and the non-contributing
parent will not object. There will be no comment made with respect to financial non-contribution of one parent in the
provision of extracurricular activities by the other. Neither parent will engage in the provision of extracurricular activities
for the child(ren) which will result in the exclusion, whether intentional or unintentional, of the other. As the child(ren)
enter teenage years, the child(ren) will be permitted to attend social functions sponsored by their school or church as well
as private parties, provided both parents are satisfied that alcohol and drugs are not available at those functions. Both
parents will consult with respect to any such function and will, where possible, reach a joint decision on whether the child(ren)
may attend . In the event that there is any disagreement with respect to the attendance at such a function or if there is
an extracurricular matter not covered hereunder, [ ] Mother [ ] Father will make the decision.
2.2.4 RELIGIOUS UPBRINGING.
The child(ren)
will attend ______________________ [place of worship ], and the parents will continue, where possible, to attend with the child(ren). Before any change
in the religious affiliation of the child(ren), the parents will consult in advance and attempt to reach an agreement with
respect to any such change. In the event the parents are unable to agree with respect to religious upbringing, [ ] Mother
[ ] Father will make the decision.
2.2.5 MISCELLANEOUS.
The parents will
consult regarding providing a vehicle to any child after the child's 16 th birthday. If the parents are unable to reach an
agreement as to the type or cost of any vehicle [ ] Mother [ ] Father will make the decision.
2.3 GENERAL PRINCIPLES.
Mother and
Father make the following agreement and allocation with respect to their parenting responsibilities.
2.3.1 CHILD NURTURE.
Mother and Father
will conduct themselves with respect to each other and the child(ren) so as to provide a loving, stable, consistent and nurturing
relationship with the child(ren) even though they, themselves, are being divorced. To that end they will not speak derogatorily
of each other or the members of the family of the other, will not cause the child(ren) to be drawn into any dispute regarding
decisions affecting the child(ren) and will not attempt to curry favor with the child(ren) to the detriment of the other.
2.3.2 DAILY NEEDS.
When each child
is in the care of a parent, that parent will insure the child will be properly groomed, fed and clothed. The child will be
given proper physical, health and day care (if both parents work and the child is less than 12 years old).
2.3.3 INTERPERSONA L RELATIONSHIPS.
Both
Father and Mother will encourage and foster relationships of each child with other children, family members and, where appropriate,
secular members to insure each child has a well-rounded upbringing. In addition, the parents will expose each child as to
many of the following activities as they can:__________________[athletic, artistic,
reading, etc., be as specific as p ssible to avoid future dispute over the activities the parents believe are appropriate].
2.4 RESTRICTIONS IN DECISION MAKING.
[ ] Does not apply OR [ ] Sole decision making will be made by [ ] Mother [ ] Father for the following
reasons:
[ ] limitation on other parents decision-making authority mandated by T.C.A. §36-6-406;
[ ] both parents are opposed to mutual decision making;
[ ] one parent is opposed to mutual decision making, and such opposition is reasonably based upon
the following criteria:
[ ] the existence of a limitation under T.C.A. §36-6-406;
[ ] the history of participation of each parent in decision making in each of the areas of T.C.A.
§36-6-106;
[ ] whether the parents have demonstrated ability and desire to cooperate with one another in decision
making in each of the areas in T.C.A. §36-6-106; and
[ ] the parents geographic proximity to one another, to the extent that it affects their ability
to make timely mutual decisions.
[ ] These restrictions are to remain [ ] permanently OR [ ] until ____________________
2.5 OTHER PROVISIONS.
The following
special provisions apply to decision making: ___________________________________________________________________
3. SUPPORT
3.1 FINANCIAL SUPPORT.
[ ] Mother [ ] Father, "Obligor Spouse", will pay child support for the _______ [
number] of minor child(ren)
in accordance with the Tennessee Child Support Guidelines in the amount of $__________ per________. The support will be paid
every other week to [ ] Mother [ ] Father, "Obligee Spouse". [ ] A wage assignment will issue (by separate order to be presented
by counsel) to the employer of Obligor Spouse:_____________________________________________________________
Employer is to deduct the amount of support as noted above plus a five percent (5%) fee and send
the total amount of $____________ to: Central Child Support Receipting Unit, P.O. Box 305200, Nashville, TN 37229.
Obligor Spouse will submit annually an income report to Obligee Spouse which report will be as
set forth in APPENDIX A hereto.
[ ] Other provisions not covered above regarding financial support are:______________ ____________________________________________________________________
3.2 TAX EXEMPTION
.
[ ] Mother will receive the tax exemption for the following child(ren): _____________________________________________________________________
[ ] Father will receive the tax exemption for the following child(ren): _____________________________________________________________________
[ ] Other:_____________________________________________________________
Each party will provide to the other, on or before April 15 of every year, a copy of their respective
W-2 form or a copy of the first page of their tax return. Where a copy of the first page of the return is to be provided,
that copy may be provided on or before August 15 if an extension is sought, in which case a copy of the request for extension
will be furnished on or before April 15 of each year.
3.3 HEALTH INSURANCE.
[ ] Mother [
] Father will maintain medical/hospital insurance on the minor child(ren), and proof of continuing coverage will be furnished
by February 15 of each year. Uncovered medicals, including deductibles, if any, will be either [ ] borne by [ ] Mother [ ]
Father, or [ ]divided equally between the parties, or [ ] other_________ ___________________________________________________________________
3.4 DENTAL INSURANCE.
[ ] Mother [
] Father will maintain dental/orthodontics insurance on the minor child(ren), and proof of continuing coverage will be furnished
by February 15 of each year. Uncovered medicals, including deductibles, if any, will be either [ ] borne by [ ] Mother [ ]
Father, or [ ]divided equally between the parties, or [ ] other: ____________________________________________________________________
3.5 LIFE INSURANCE.
[ ] Mother [ ]
Father will maintain life insurance in the minimum amount of $____________________, whole life or term, which may not decrease
in face amount during the minority of any child. The policy will name the minor child(ren) as primary beneficiaries and proof
of continuing coverage will be furnished by February 15th of each year. The insured shall also designate [ ] Mother [ ] Father [ ] Other _________________ as
guardian over these funds for the benefit of the child(ren). The choice of secondary beneficiaries will be left to the owner
of the policy, and if the type of policy chosen is whole life, the owner may retain control of the investment portion of the
policy.
[ ]Other Provisions regarding life insurance:___________________________________________________________
3.6 OTHER PROVISIONS. The following special provisions apply to support: _______ ___________________________________________________________________
DISPUTE RESOLUTION
4.1 DESIGNATION OF THE PROCESS
Except for those involving child support, disputes a rising between the parties will be resolved
by:
[ ] counseling by ____________________________________, or
[ ] mediation by ____________________________________, or
[ ] arbitration by ____________________________________, or
[ ] the Court.
The cost of these dispute resolution processes will be allocated by between the parties as follows:
[ ] Mother____________% Father____________%;
[ ] Based upon each partys proportional share of income;
[ ] As determined in the dispute resolution process.
The dispute resolution process will be commenced by notifying the other party by [ ] written request
O R [ ] certified mail OR [ ] other: ______________________________
4.2
In the dispute resolution process,
preference will be given to carrying out the parenting plan.
4.3
Unless an emergency exists, the
parents will use the designated process to resolve disputes relating to implementation of the plan, except those related to
financial support.
4.4
A written record of any agreement
reached between the parties will be provided to the parties and submitted to the Court, where necessary, for a Consent Order
of Modification.
4.5
If the Court finds a parent has
misused or frustrated the dispute resolution process, the Court will award attorney fees and financial sanctions to the non-abusing
party.
4.6
The parties have the right of review
from the dispute resolution process to the Court.
4.7
No dispute resolution process,
except Court action, will be required if a limiting factor under TCA §36-60612 applies or one parent is unable to afford the
cost of the proposed dispute resolution process.
5. STANDARD RIGHTS
The following are the rights of a parent where a child is not in the care of that parent, unless those rights
are denied in whole or in part by the Court upon a showing that such denial is in the best interests of the child.
5.1
The right to unimpeded telephone
conversations with each child at least twice a week at reasonable times and for reasonable duration.
5.2
The right to send mail to each
child which the other parent will not open or censor.
5.3
The right to receive notice and
relevant information as soon as practicable but within twenty-four (24) hours of any event of hospitalization, major illness
or death of each child.
5.4
The right to receive directly from
each childs school upon written request which includes a current mailing address and upon payment of reasonable costs of duplication,
copies of each childs report card, attendance records, names of teachers, class schedules, standardized test scores and any
other records customarily made available to parents.
5.5
The right to receive, directly
from each childs physician and other health care provides, copies of each childs medical records, provided that a written
request has been made to the provider with a current mailing address and payment for the reasonable cost of duplicating and
mailing the records.
5.6
The right to be free of unwarranted
derogatory remarks made about the parent or the parent's family by the other parent to or in the presence of the child.
6. CUSTODIAL PARENT
Primary residence for purpose of Uniform Child Custody Jurisdiction Act, T.C.A . §36-6-2 01,
et seq. is with:
[ ] Mother [ ] Father[child's
name] [child's DOB]________________________
[ ] Mother [ ] Father [child's
name] [child's DOB]________________________
The designation does not affect either parents rights and responsibilities
under this parenting plan.
7. DECLARATION
We each make the following declaration in submitting this plan:
UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TENNESSEE, I DECLARE THAT THIS PLAN HAS BEEN
PROPOSED IN GOOD FAITH AND IS IN THE BEST INTEREST OF THE CHILD(REN) AND THAT THE STATEMENTS HEREIN ARE TRUE AND CORRECT.
____________________________________[
Mother] [Date & Place Signed]
____________________________________[
Father] [Date & Place Signed]