§ 36-6-405 — Modification of permanent parenting plans

Tennessee § 36-6-405

• Jurisdiction: Tennessee
• Title: 36

Text

(a) In a proceeding for a modification of a permanent parenting plan, a proposed parenting plan shall be filed and served with the petition for modification and with the response to the petition for modification. Such plan is not required if the modification pertains only to child support. The obligor parent's proposed parenting plan shall be accompanied by a verified statement of that party's income pursuant to the child support guidelines and related provisions contained in chapter 5 of this title. If the parties cannot agree to a modification of a permanent parenting plan, the process established by § 36-6-404(b) shall be used to establish an amended permanent parenting plan or final decree or judgment. (b) In a proceeding for a modification of a permanent parenting plan, the existing residential schedule shall not be modified prior to a final hearing unless the parents agree to the modification or the court finds that the child will be subject to a likelihood of substantial harm absent the temporary modification. If a temporary modification of the existing residential schedule is granted ex parte, the respondent shall be entitled to an expedited hearing within fifteen (15) days of the entry of the temporary modification order. (c) Title IV-D child support cases involving the department of human services or any of its public or private contractors shall be bifurcated from the remaining parental responsibility issues. Separate orders shall be issued concerning Title IV-D issues, which shall not be contained in, or part of, temporary, permanent or modified parenting plans. The department and its public or private contractors shall not be required to participate in mediation or dispute resolution pursuant to this part. (d) If the parties agree to a modification of an existing permanent parenting plan, and the parties announce to the court and place on the record an agreement specifying the terms of modification, or if the parties execute a permanent parenting plan which modifies a prior order of the court with respect to either custody or residential parenting schedule which is approved through entry of an agreed order, then the court is not required to inquire further and make an independent determination as to whether the modification is in the best interest of the child. An order of the court approving the agreement and stating that the modification is made by agreement of the parties satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure. The court is not required to accept an agreement of the parties modifying a permanent parenting plan, and this subsection (d) does not diminish the authority of the court to make inquiry and ensure that the modification of the permanent parenting plan is in the best interest of the child, is entered into freely and voluntarily by both parents, and is not the product of duress, coercion, or undue influence.

Legislative History

Amended by 2020 Tenn. Acts, ch. 520, Secs.s3, s4 eff. 3/6/2020. Acts 1997 , ch. 557, § 1; T.C.A., §36-6-409; Acts 2000, ch. 889, § 1; 2010 , ch. 956, § 1.