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If a child is born to unmarried persons and there is no COURT ORDER identifying a father, Tennessee law states that the mother automatically has both legal and physical custody of the child.
When can my child decide which parent to live with? Under Tennessee statute, the court shall consider the reasonable preference of the child over the age of 12. The court may choose to hear the preference of a child under the age of 12.
The Parenting Plan Law requires a minimum of four hours of classroom time, but some Courts may require more time. Each individual Court decides the length of the required Parenting Education Seminar. Depending on the total amount of time required, the Seminar may be given in more than one session.
The first step is for the parent to submit a petition to modify to the court. The petition will contain the parent's proposed modifications. If both parties agree to the modification, they can submit a modification agreement outlining a new parenting plan for the court to ratify and approve.
Under Tennessee law, the parents must follow the PPP, and if they do not, they can be held in contempt of court. Some serious PPP violations that might warrant getting the court involved include: Frequent noncompliance with visitation changes. A chronic pattern of picking up or returning the children early or late.
Parents who can reach an agreement on custody can submit a joint parenting plan to the court. When parents can't agree on parenting responsibilities, each parent should submit his or her own parenting plan to the court at least 45 days before trial. See TN Code § 36-6-404 (2020).
Whenever each parent cares for and houses their child 50 percent of the time, an equal parenting agreement is in place. Under equal parenting agreements, or 50/50 custody, parenting time is divided between the two parents ing to the parenting plan, and residential time itself is equally distributed.
Divorcing parents must each submit a proposed plan. This is optional in other types of custody cases (unless the judge orders it), but recommended so the judge understands your wishes when deciding the details of your court-ordered plan.