PERMANENT PARENTING PLAN AND CHILD CUSTODY AGREEMENT

(“Agreement”)

[COURT NAME], [COUNTY] COUNTY, TENNESSEE

Docket No.: ______

Effective Date: [MM/DD/YYYY]
Parties:
• [PARENT 1 LEGAL NAME], (“Parent 1” or “Primary Residential Parent” (“PRP”))
• [PARENT 2 LEGAL NAME], (“Parent 2” or “Alternative Residential Parent” (“ARP”))

This Agreement is intended to serve as the Permanent Parenting Plan required by Tenn. Code Ann. § 36-6-404 and to allocate parental responsibilities in accordance with the best-interest factors set forth in Tenn. Code Ann. § 36-6-106.

TABLE OF CONTENTS

I. Recitals
II. Definitions
III. Operative Provisions
 A. Decision-Making Authority
 B. Residential Schedule
 C. Transportation & Exchanges
 D. Communication Protocols
 E. Health Care & Insurance
 F. Child Support
 G. Tax Matters
 H. Relocation
 I. Dispute Resolution
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution & Jurisdiction
IX. General Provisions
X. Execution & Acknowledgment

I. RECITALS

1.1 The Parties are the biological/legal parents of the minor child(ren) identified herein and desire to resolve all issues relating to custody, visitation, and parental responsibilities in the best interests of the child(ren).

1.2 The Parties enter into this Agreement voluntarily, with full knowledge of their rights, after having had the opportunity to seek independent legal advice.

1.3 Consideration for this Agreement includes the mutual promises herein and the Parties’ desire to avoid protracted litigation and foster stability for the child(ren).

II. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the following meanings:

“Agreement” – This Permanent Parenting Plan and all Exhibits hereto.
“Alternate Residential Parent” or “ARP” – The parent with whom the child(ren) reside when not residing with the PRP.
“Best Interest Factors” – The statutory factors enumerated in Tenn. Code Ann. § 36-6-106.
“Child(ren)” – [FULL NAME(S), DOB(S)].
“Court” – The [COURT NAME] of [COUNTY] County, Tennessee, having jurisdiction over this matter.
“Holiday Schedule” – The allocation of holiday parenting time set forth in Section III.B.3.
“Material Change in Circumstances” – Any change warranting modification under Tenn. Code Ann. § 36-6-101(a)(2)(B).
“Parenting Time” – Periods during which a parent is responsible for the physical care of the child(ren).
“Primary Residential Parent” or “PRP” – The parent with whom the child(ren) reside more than fifty percent (50%) of the time for purposes of Tenn. Code Ann. Title 36.
“Relocation Statute” – Tenn. Code Ann. § 36-6-108, governing parental relocation with a minor child.

III. OPERATIVE PROVISIONS

A. Decision-Making Authority

1. Major Decisions. Unless otherwise agreed in writing, the PRP shall have final decision-making authority regarding:
   a. Education (school selection, IEPs, tutoring);
   b. Non-emergency healthcare and counseling;
   c. Religious upbringing;
   d. Extracurricular activities.
2. Consultation Duty. The PRP must confer in good faith with the ARP prior to making any major decision.
3. Emergency Decisions. Either parent may make emergency medical decisions while the child(ren) are in that parent’s care, with prompt notice to the other.

[// GUIDANCE: A 50/50 “joint” decision model may be substituted by revising ¶III.A.1 and inserting tie-breaker or mediation language.]

B. Residential Schedule

1. Week-to-Week Schedule
   • School Year (August–May):
   • ARP Parenting Time: [e.g., Alternate weekends from Friday 6:00 p.m. to Sunday 6:00 p.m. and every Wednesday 5:00 p.m.–8:00 p.m.].
   • PRP Parenting Time: All other times.
   • Summer Break (June–July):
   • ARP shall have [INSERT WEEKS] consecutive weeks of uninterrupted Parenting Time, with notice of selected weeks by April 1 each year.
2. Right of First Refusal
   If either parent requires child-care for a period exceeding [X] hours, the other parent shall be given the opportunity to provide care before seeking third-party care.
3. Holiday Schedule (supersedes regular schedule)
   a. Christmas: Even-numbered years with Parent 1 (Dec 24 noon – Dec 26 noon); odd-numbered years with Parent 2.
   b. Thanksgiving: Alternating annually, Thursday 9:00 a.m. – Sunday 6:00 p.m.
   c. Child(ren)’s Birthdays: [ALLOCATE]
   d. Mother’s/Father’s Day: With the honored parent.
   e. Spring Break: Alternating annually.
   f. Additional Religious/Cultural Holidays: [SPECIFY].
4. Vacation Travel
   Each parent may take up to [X] days of vacation Parenting Time per year, not to conflict with major holidays, upon at least thirty (30) days’ written notice to the other parent.

C. Transportation & Exchanges

1. Exchange Location: [PRIMARY EXCHANGE LOCATION], or as mutually agreed.
2. Responsibility: The receiving parent shall provide transportation unless otherwise agreed.
3. Timeliness: A parent delayed more than fifteen (15) minutes must notify the other parent promptly.

D. Communication Protocols

1. Access: Both parents shall have reasonable telephonic, text, and video contact during the other’s Parenting Time (not to exceed [15] minutes per day absent emergency).
2. Information Sharing: Each parent shall provide the other with copies of report cards, medical records, and activity schedules within five (5) days of receipt.
3. Confidentiality: Parents shall not record communications with the child(ren) without written consent of the other parent, except as permitted by law.

E. Health Care & Insurance

1. Coverage: [PARENT RESPONSIBLE] shall maintain primary medical, dental, and vision insurance.
2. Uncovered Expenses: Unreimbursed medical costs shall be allocated [%, %] in accordance with Tennessee Child Support Guidelines.
3. Medical Providers: Preferred providers list attached as Exhibit A.

F. Child Support

1. Calculation: Child support shall be addressed in a separate Child Support Order consistent with Tenn. Code Ann. § 36-5-101 et seq.
2. Deviation: Any voluntary deviations from guideline support shall be detailed in the Child Support Order.

G. Tax Matters

The PRP shall claim the child(ren) as dependents for federal and state income tax purposes, unless the Parties execute IRS Form 8332 allowing alternate years or other allocation.

H. Relocation

1. Statutory Notice. Any parent intending to relocate outside Tennessee or more than fifty (50) miles from the other parent must provide at least sixty (60) days’ written notice containing the information required by Tenn. Code Ann. § 36-6-108(b).
2. Objection & Hearing. The non-relocating parent must file a petition opposing relocation within thirty (30) days of receipt of notice or the relocation will be permitted subject to Court approval.
3. Interim Schedule. Pending Court determination, the existing Parenting Plan shall remain in effect unless modified by agreement or court order.

[// GUIDANCE: Attorneys may augment this section with transport cost allocation and expanded long-distance schedules.]

I. Dispute Resolution

1. Mediation. Except for emergencies, the Parties shall submit disputes arising under this Agreement to mediation with a Rule 31 Listed Family Mediator before filing any petition for modification or contempt.
2. Limited Arbitration. Consistent with Tenn. Sup. Ct. R. 31 and metadata directive “limited_availability,” the Parties may, by subsequent written agreement, submit narrowly-defined parenting disputes to binding arbitration; such agreement shall not preclude judicial oversight of best-interest determinations.
3. Court Access. The Court retains exclusive jurisdiction to modify or enforce this Agreement.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each parent represents that he or she has full legal right and capacity to enter into this Agreement and that no guardianship, conservatorship, or prior court order restricts such capacity.

4.2 Disclosure. Each parent has fully disclosed any criminal history, pending investigations, or prior findings of abuse or neglect involving the child(ren).

4.3 No Impairment. Each parent warrants that no mental health or substance-abuse condition presently impairs his or her ability to care for the child(ren).

V. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Parents shall not disparage or allow others to disparage the other parent in the presence or hearing of the child(ren).

5.2 Substance Use. Neither parent shall consume alcohol to excess or use illicit substances during Parenting Time.

5.3 Firearms. Firearms shall be stored unloaded and locked during Parenting Time, in compliance with Tennessee Code.

5.4 Address/Contact Updates. Each parent shall provide the other with current residential address, telephone numbers, and email within seventy-two (72) hours of any change.

5.5 Compliance. Each parent shall comply with all applicable federal, state, and local laws relating to child welfare and safety.

VI. DEFAULT & REMEDIES

6.1 Events of Default. A parent’s material breach includes but is not limited to:
a. Willful denial of Court-ordered Parenting Time;
b. Failure to provide statutory relocation notice;
c. Chronic lateness exceeding thirty (30) minutes more than three (3) times in a calendar quarter;
d. Violation of Section V covenants.

6.2 Notice & Cure. The non-breaching parent shall provide written notice describing the default. The breaching parent shall have five (5) days to cure, except in emergency circumstances.

6.3 Remedies.
a. Contempt. The non-breaching parent may seek civil or criminal contempt, make-up Parenting Time, and attorney fees.
b. Modification. Upon finding of material change in circumstances, the Court may adjust custody/visitation.
c. Injunctive Relief. The Court may issue restraining orders or injunctions to protect the child(ren)’s welfare.

VII. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each parent shall indemnify, defend, and hold harmless the other from claims, damages, or liabilities arising from that parent’s negligent or intentional acts or omissions that harm the child(ren).

7.2 No Liability Caps. Given the paramount interest of child welfare, no contractual limitation of liability shall apply to obligations arising hereunder.

7.3 Force Majeure. Parenting obligations shall be temporarily suspended only to the extent impossible due to force majeure events (e.g., natural disaster), provided that make-up Parenting Time shall be promptly arranged.

VIII. DISPUTE RESOLUTION & JURISDICTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, Title 36 (Family Law).

8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the Chancery/Circuit Court of [COUNTY] County, Tennessee.

8.3 Jury Waiver. The Parties acknowledge that child-custody matters are tried without a jury under Tennessee law.

8.4 Injunctive Relief Reservation. Nothing herein limits either parent’s right to seek immediate injunctive relief to protect the child(ren).

IX. GENERAL PROVISIONS

9.1 Amendment. This Agreement may be modified only by a subsequent written instrument endorsed by both parents and approved by the Court.

9.2 Waiver. Waiver of any breach shall not constitute waiver of subsequent breaches.

9.3 Assignment. Parental rights and responsibilities are personal and non-assignable.

9.4 Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force, and the Court may reform the unenforceable provision to conform with applicable law.

9.5 Entire Agreement. This document constitutes the entire understanding between the Parties regarding custody and supersedes all prior agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures are binding under Tenn. Code Ann. § 47-10-101 et seq.

X. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Permanent Parenting Plan on the dates indicated below.

NOTARY ACKNOWLEDGMENTS

State of Tennessee, County of ______

Personally appeared before me, the undersigned Notary Public, [PARENT 1 NAME], with whom I am personally acquainted, and who acknowledged that he/she executed the foregoing instrument for the purposes therein contained.

Witness my hand and seal, this ___ day of ____, 20__.

Notary Public
My Commission Expires: ______

(Repeat acknowledgment block for Parent 2)

COURT APPROVAL

Approved and entered as the Order of the Court this ___ day of ____, 20__.

Chancellor / Circuit Court Judge
[COURT NAME], [COUNTY] County, Tennessee

[// GUIDANCE:
1. Tailor Parenting Time intervals to local custom or judicial preferences.
2. Append Exhibits (e.g., medical provider list, school calendars).
3. Ensure Child Support Order aligns with Tenn. Child Support Worksheet.
4. File with the clerk’s office and serve pursuant to Tennessee Rules of Civil Procedure.
5. Consider adding Parenting Coordination clause where high conflict is anticipated.
]