Tennessee Joint Custody and Co-Parenting Agreement (Equal Parenting Time)

TENNESSEE JOINT CUSTODY AND CO-PARENTING AGREEMENT

(Equal or Substantially Equal Parenting Time Arrangement)

IN THE [________________________________] COURT FOR [________________________________] COUNTY, TENNESSEE

☐ Circuit Court ☐ Chancery Court ☐ General Sessions Court

Docket No.: [________________________________]

Division: [____]

[________________________________], Parent A,

and

[________________________________], Parent B.

IMPORTANT TENNESSEE-SPECIFIC NOTICE

PRP/ARP Designation Required: Even in arrangements with equal or substantially equal parenting time, Tennessee law under T.C.A. § 36-6-402 requires that one parent be designated the Primary Residential Parent (PRP) and the other the Alternate Residential Parent (ARP). This designation determines the child's principal residence for school enrollment and mailing purposes and affects child support calculations.

Permanent Parenting Plan Required: Under T.C.A. § 36-6-404, this agreement must be incorporated into a Permanent Parenting Plan using the official Tennessee form available from the Tennessee Administrative Office of the Courts. This agreement supplements the official form.

Parenting Education Required: Under T.C.A. § 36-6-408, both parents must complete a mandatory four-hour parenting education seminar approved by the Court.

ARTICLE I: PARTIES AND CHILDREN

Section 1.01 — Parent Identification

Parent A:

Parent B:

Section 1.02 — Child(ren) Subject to This Agreement

Section 1.03 — PRP and ARP Designation

Even though this agreement provides for equal or substantially equal parenting time, Tennessee law requires the designation of one parent as PRP and the other as ARP:

☐ Parent A is designated as Primary Residential Parent (PRP).
☐ Parent B is designated as Alternate Residential Parent (ARP).

Basis for designation: [________________________________]
(The PRP designation is typically based on which parent's address is used for school enrollment. In equal-time arrangements, the designation does not indicate a preference for one parent but is required under Tennessee law for administrative purposes including child support calculation.)

ARTICLE II: JOINT DECISION-MAKING AUTHORITY

Section 2.01 — Shared Decision-Making

The parents agree to share decision-making authority for all major decisions concerning the child(ren). Major decisions require the mutual agreement of both parents and include:

Section 2.02 — Decision-Making Protocol

1. The parent identifying the need for a decision shall notify the other parent in writing (email or co-parenting app) with all relevant information.
2. The parents shall discuss and reach agreement within [____] days.
3. If the parents cannot agree within this timeframe, they shall submit the matter to a Tennessee Supreme Court Rule 31 Listed Mediator within [____] days.
4. If mediation does not result in agreement, the tie-breaker parent or method designated above shall resolve the matter, subject to the other parent's right to petition the Court.
5. Emergency medical decisions may be made by whichever parent is exercising residential time, with immediate notice to the other parent.

Section 2.03 — Routine Day-to-Day Decisions

The parent exercising residential parenting time at any given time shall make routine day-to-day decisions regarding the child's care, including meals, bedtime, homework, discipline, activities, and clothing, consistent with the child's overall welfare.

ARTICLE III: EQUAL PARENTING TIME SCHEDULE

Section 3.01 — Selection of Residential Schedule

The parents agree to the following equal or substantially equal residential parenting schedule:

☐ Option A: Alternating Weeks (Week-On / Week-Off)

• Parent A has the child(ren) from [________________________________] at [____] to [________________________________] at [____].
• Parent B has the child(ren) the following week on the same schedule.
• Transition day: ☐ Monday ☐ Friday ☐ Sunday ☐ Other: [________________________________]

☐ Option B: 2-2-3 Rotation

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)
• This schedule produces a 50/50 split over a two-week cycle.

☐ Option C: 5-2-2-5 Rotation

• Monday and Tuesday: Always Parent A
• Wednesday and Thursday: Always Parent B
• Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ Option D: 3-4-4-3 Rotation

• Week 1: Parent A has 3 days, Parent B has 4 days
• Week 2: Parent A has 4 days, Parent B has 3 days
• Specific days: [________________________________]

☐ Option E: Custom Equal-Time Schedule
[________________________________]
[________________________________]
[________________________________]

Section 3.02 — Schedule Details

• Transition time: [____] AM/PM
• Transition location: ☐ School (pick-up/drop-off) ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral location: [________________________________]
• Transportation responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared ☐ Other: [________________________________]

Section 3.03 — Days Per Year Calculation

(Note: Under the Tennessee Child Support Guidelines, the number of residential days assigned to each parent affects the child support calculation. Equal parenting time may result in deviation from the standard child support calculation.)

Section 3.04 — Holiday and Break Schedule

Holidays and school breaks supersede the regular residential schedule.

Section 3.05 — Summer Schedule

☐ Regular schedule continues through summer.
☐ Modified summer schedule:

Each parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during the summer, with [____] days' written notice to the other parent by [________________________________] each year.

Summer vacation time:

• Parent A: [________________________________]
• Parent B: [________________________________]

Section 3.06 — Right of First Refusal

If either parent will be unavailable to personally care for the child(ren) for more than [____] consecutive hours during their residential time, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging alternative childcare.

• Notice method: ☐ Phone ☐ Text ☐ Email ☐ Co-parenting app
• Response time: [____] hours
• If the other parent does not respond within the allotted time, the requesting parent may arrange alternative childcare.

ARTICLE IV: COMMUNICATION

Section 4.01 — Parent-to-Parent Communication

• Primary method: ☐ Email ☐ Text ☐ Co-parenting app ([________________________________]) ☐ Phone
• Non-emergency response time: [____] hours
• Emergency communication: Immediately by phone
• Both parents shall maintain a respectful, child-focused tone in all communications.

Section 4.02 — Parent-Child Communication

• The residential parent shall facilitate reasonable phone and/or video communication between the child(ren) and the other parent during residential time.
• Suggested times: [________________________________]
• Neither parent shall listen in on, record, or interfere with the child's communications with the other parent.

Section 4.03 — Information Sharing

Both parents shall have full and equal access to:

• School records, report cards, progress reports, and teacher communications
• Medical, dental, and mental health records and provider information
• Extracurricular activity schedules, game times, and performance dates
• School event calendars and parent-teacher conference schedules

Both parents shall be listed as emergency contacts and authorized for pick-up at the child's school, daycare, and extracurricular activities.

Section 4.04 — Non-Disparagement

Neither parent shall:

• Make negative, derogatory, or disparaging remarks about the other parent in the child's presence or hearing.
• Allow family members, friends, or romantic partners to make such remarks in the child's presence.
• Discuss legal proceedings, child support, or adult financial matters with the child.
• Use the child as a messenger or intermediary between the parents.
• Interrogate the child about the other parent's household, relationships, or activities.

ARTICLE V: RELOCATION — T.C.A. § 36-6-108

Section 5.01 — Equal Parenting Time and Relocation

Because this agreement provides for equal or substantially equal parenting time, any relocation by either parent that would make the current schedule impracticable requires modification.

Section 5.02 — Notice and Procedure

If either parent intends to relocate more than fifty (50) miles from the other parent within Tennessee or outside the State of Tennessee:

1. The relocating parent shall provide written notice by registered or certified mail at least sixty (60) days before the proposed move (T.C.A. § 36-6-108).
2. The notice shall include the proposed new address, reason for relocation, and a proposed revised residential schedule.
3. The non-relocating parent has thirty (30) days to file a written objection.
4. If an objection is filed, the relocating parent must petition the Court for approval.
5. The Court shall determine whether the relocation is in the child's best interest under T.C.A. § 36-6-108.

Section 5.03 — Presumption in Equal-Time Arrangements

Where parents have substantially equal parenting time, neither parent bears a presumptive advantage regarding relocation. The Court shall apply the best interest factors and determine the impact on the existing co-parenting arrangement.

ARTICLE VI: CHILD'S PREFERENCE — T.C.A. § 36-6-106(a)(7)

Under Tennessee law, the reasonable preference of a child twelve (12) years of age or older is given weight as a factor in custody and parenting time determinations.

☐ All child(ren) are under age 12.
☐ The following child(ren) are age 12 or older, and their reasonable preference has been considered:
[________________________________]

The parents agree that as the child(ren) mature, this parenting schedule may be reviewed and adjusted to accommodate the child's evolving needs, activities, and social development.

ARTICLE VII: FINANCIAL PROVISIONS

Section 7.01 — Child Support

☐ A separate child support order governs child support.
☐ Child support is as follows:

Under the Tennessee Child Support Guidelines, child support in equal parenting time cases is calculated using the "equal parenting" formula. Based on the parents' incomes and the number of residential days:

[________________________________] shall pay $[________________________________] per month to [________________________________], payable through the Tennessee Central Child Support Receipting Unit (CCSRU), P.O. Box 305200, Nashville, TN 37229.

Section 7.02 — Health Insurance

☐ Parent A shall provide health insurance for the child(ren).
☐ Parent B shall provide health insurance for the child(ren).
☐ Both parents shall maintain insurance; [________________________________] provides primary coverage.

Section 7.03 — Uninsured Medical Expenses

Uninsured and extraordinary medical, dental, orthodontic, optical, and mental health expenses shall be divided:
☐ Equally (50%/50%)
☐ In proportion to income: Parent A [____]% / Parent B [____]%

The parent incurring the expense shall provide documentation within [____] days. The other parent shall reimburse within [____] days.

Section 7.04 — Shared Expenses

The following expenses shall be shared equally (or as indicated):

ARTICLE VIII: ADDITIONAL CO-PARENTING PROVISIONS

Section 8.01 — Consistency Between Homes

The parents shall use reasonable efforts to maintain consistent:

• Bedtimes and morning routines
• Homework and study habits
• Screen time limits
• Discipline approaches
• Dietary needs and medical routines

Section 8.02 — Belongings and Transitions

• The child(ren)'s essential belongings (clothing, school materials, medications, comfort items) shall travel freely between homes.
• Expensive items (electronics, sporting equipment) shall: ☐ Travel with the child ☐ Be duplicated in each home ☐ Other: [________________________________]

Section 8.03 — New Romantic Partners

Neither parent shall allow a romantic partner to be present overnight during residential parenting time until:
☐ No restriction.
☐ The relationship has been ongoing for at least [____] months.
☐ The other parent has been given [____] days' advance notice.
☐ Other: [________________________________]

Section 8.04 — Substance Use Restrictions

Neither parent shall consume alcohol to the point of impairment or use illegal substances during residential parenting time or within twelve (12) hours prior to the commencement of their residential time.

Section 8.05 — Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

Section 8.06 — Both Parents at Events

Both parents are welcome and encouraged to attend the child's school events, extracurricular activities, performances, and other important occasions. Both parents shall conduct themselves respectfully toward each other at such events.

ARTICLE IX: DISPUTE RESOLUTION

Section 9.01 — Step 1: Direct Communication

The parents shall first attempt to resolve any disagreement through direct, respectful communication.

Section 9.02 — Step 2: Mediation (Mandatory Under T.C.A. § 36-6-409)

If direct communication fails, the parents shall engage a Tennessee Supreme Court Rule 31 Listed Mediator before filing any petition with the Court, unless an exception applies (domestic violence, emergency, or inability to afford mediation).

Agreed Mediator: [________________________________]
Rule 31 Listing No.: [________________________________]
Cost allocation: ☐ Equal ☐ Parent A [____]% / Parent B [____]%

Section 9.03 — Step 3: Court

If mediation is unsuccessful, either parent may file a petition with the Court. The Court with jurisdiction is:

☐ Circuit Court for [________________________________] County, Tennessee
☐ Chancery Court for [________________________________] County, Tennessee

Section 9.04 — Attorney's Fees

The Court may award reasonable attorney's fees and costs to either parent in its discretion.

ARTICLE X: PARENTING EDUCATION COMPLIANCE — T.C.A. § 36-6-408

Both parents shall complete the mandatory four-hour parenting education seminar as required by Tennessee law.

☐ Parent A completed the seminar on [__/__/____]. Provider: [________________________________]
☐ Parent B completed the seminar on [__/__/____]. Provider: [________________________________]
☐ Parent A shall complete the seminar by [__/__/____].
☐ Parent B shall complete the seminar by [__/__/____].

ARTICLE XI: MODIFICATION AND REVIEW

Section 11.01 — Annual Review

The parents agree to review this agreement annually (on or about [________________________________]) to assess whether adjustments are needed based on the child(ren)'s evolving needs.

Section 11.02 — Modification by Agreement

Under T.C.A. § 36-6-405(d), the parents may modify this agreement by mutual written consent, subject to Court approval.

Section 11.03 — Modification by Court

Either parent may petition the Court for modification upon a showing of material change in circumstances under T.C.A. § 36-6-101(a)(2). A change to the PRP/ARP designation requires satisfaction of the three-part test: (1) a material change occurred after entry of the current order; (2) the change was not known or anticipated; and (3) the change affects the child's well-being in a meaningful way.

ARTICLE XII: SIGNATURES

Parent Signatures

I have read this Joint Custody and Co-Parenting Agreement and the accompanying Permanent Parenting Plan. I agree to abide by its terms and understand that, once approved by the Court, this agreement and the Permanent Parenting Plan constitute a binding court order.

Parent A:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Parent B:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]

Attorney Signatures (If Applicable)

Attorney for Parent A:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]
BPR No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]

Attorney for Parent B:

Signature: _______________________________ Date: [__/__/____]

Printed Name: [________________________________]
BPR No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]

ORDER APPROVING JOINT CUSTODY AGREEMENT AND PERMANENT PARENTING PLAN

The Court, having reviewed the Joint Custody and Co-Parenting Agreement and the accompanying Permanent Parenting Plan, and having considered the best interest factors set forth in T.C.A. § 36-6-106(a), including the parties' demonstrated ability to cooperate and jointly participate in the child(ren)'s upbringing, hereby:

FINDS that this Agreement and Plan serve the best interest of the child(ren);

APPROVES the Permanent Parenting Plan;

DESIGNATES [________________________________] as the Primary Residential Parent (PRP);

DESIGNATES [________________________________] as the Alternate Residential Parent (ARP);

ORDERS the parties to comply with all terms of this Agreement and the Permanent Parenting Plan.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Judge/Chancellor
[________________________________] Court for [________________________________] County, Tennessee

Sources and References

• Tenn. Code Ann. § 36-6-101 — Decree for custody and support of child; modification standards
• Tenn. Code Ann. § 36-6-106(a) — Best interest of the child factors (15+ statutory factors)
• Tenn. Code Ann. § 36-6-106(a)(7) — Child's reasonable preference (age 12+)
• Tenn. Code Ann. § 36-6-108 — Parental relocation (60-day notice, 50-mile threshold)
• Tenn. Code Ann. § 36-6-402 — Definitions: PRP, ARP, residential schedule
• Tenn. Code Ann. § 36-6-404 — Permanent parenting plan requirement
• Tenn. Code Ann. § 36-6-405 — Modification of permanent parenting plans; modification by agreement
• Tenn. Code Ann. § 36-6-406 — Restrictions in parenting plans
• Tenn. Code Ann. § 36-6-408 — Mandatory parenting education seminar (4-hour)
• Tenn. Code Ann. § 36-6-409 — Mediation requirement
• Tennessee Supreme Court Rule 31 — Mediation and alternative dispute resolution
• Tennessee Child Support Guidelines — Tenn. Comp. R. & Regs. 1240-02-04
• Tennessee Administrative Office of the Courts — Official Permanent Parenting Plan form