Tennessee Sole Custody and Parenting Plan Agreement (Primary Residential Parent Designation)

TENNESSEE SOLE CUSTODY AND PARENTING PLAN AGREEMENT

(Primary Residential Parent with Sole Decision-Making Authority)

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

☐ Circuit Court ☐ Chancery Court ☐ General Sessions Court

Docket No.: [________________________________]

Division: [____]

[________________________________], Primary Residential Parent (PRP),

and

[________________________________], Alternate Residential Parent (ARP).

TENNESSEE-SPECIFIC NOTICE

Terminology: Tennessee does not use the traditional terms "sole custody" or "visitation." Instead, Tennessee law under T.C.A. § 36-6-402 designates parents as the Primary Residential Parent (PRP) and the Alternate Residential Parent (ARP). This agreement designates one parent as the PRP with the majority of residential parenting time and sole decision-making authority, while the ARP retains parenting time rights as specified herein.

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

Best Interest Standard: The Court determines custody arrangements based on the best interest of the child under T.C.A. § 36-6-106(a), which includes fifteen or more statutory factors. The Court must consider whether any limiting factors under T.C.A. § 36-6-406 apply.

ARTICLE I: PARTIES, CHILDREN, AND CASE INFORMATION

Section 1.01 — Primary Residential Parent (PRP)

Section 1.02 — Alternate Residential Parent (ARP)

Section 1.03 — Minor Child(ren)

Section 1.04 — Basis for Sole Decision-Making and PRP Designation

This agreement designates the PRP as the sole decision-maker because (select all that apply):

☐ The parents are unable to effectively communicate and cooperate regarding the child(ren)'s welfare.
☐ Domestic violence history (T.C.A. § 36-6-406 limiting factors apply).
☐ Substance abuse by the ARP.
☐ History of abandonment or refusal to perform parenting responsibilities.
☐ Geographic distance makes joint decision-making impracticable.
☐ Mental health or emotional impairment of the ARP affecting parenting capacity.
☐ Incarceration of the ARP.
☐ The ARP has voluntarily agreed to sole decision-making by the PRP.
☐ Other: [________________________________]

ARTICLE II: DECISION-MAKING AUTHORITY

Section 2.01 — Sole Decision-Making by PRP

The PRP shall have sole authority to make all major decisions concerning the child(ren), including but not limited to:

• Education: School enrollment, school choice (public, private, charter, homeschool), special education services, tutoring, grade retention or advancement, extracurricular activities
• Healthcare: Selection of physicians, dentists, and specialists; authorization of medical treatment, surgery, prescriptions, and vaccinations; mental health counseling and therapy
• Religious upbringing: Religious education, participation in religious activities, ceremonies
• Travel: Authorization for domestic and international travel
• Legal matters: Consent to legal proceedings, name changes, passport issuance
• Extracurricular activities: Sports, clubs, camps, lessons

Section 2.02 — ARP's Right to Information

Although the ARP does not have decision-making authority, the ARP retains the right to:

• Access and receive copies of the child(ren)'s educational records directly from the school under the Family Educational Rights and Privacy Act (FERPA) and Tennessee law.
• Access and receive copies of the child(ren)'s medical, dental, and mental health records directly from providers.
• Be listed as an emergency contact at the child(ren)'s school and daycare.
• Attend school conferences, events, and extracurricular activities.
• Be notified of major decisions within [____] days after the decision is made.
• Be notified immediately of any emergency involving the child(ren).

Section 2.03 — ARP's Consultation Rights

☐ The PRP is not required to consult the ARP before making decisions.
☐ The PRP shall make reasonable efforts to inform the ARP before making major decisions, though the PRP retains final authority.
☐ The PRP shall consult the ARP on the following decisions (even though PRP has final authority):
[________________________________]

Section 2.04 — Emergency Decisions

The parent exercising residential time at the time of an emergency shall make necessary emergency decisions and shall notify the other parent as soon as reasonably possible, but no later than twenty-four (24) hours after the emergency.

ARTICLE III: RESIDENTIAL PARENTING SCHEDULE

Section 3.01 — Primary Residence

The child(ren) shall reside primarily with the PRP at:
[________________________________]
[________________________________]

This address shall be used for school enrollment, mailing, and all administrative purposes.

Section 3.02 — ARP's Residential Parenting Time

Select the applicable parenting time schedule for the ARP:

☐ Option A: Standard ARP Schedule

• Alternating weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM.
• Midweek time: Every [________________________________] from [____] PM to [____] PM (☐ overnight ☐ no overnight).
• Total approximate days per year with ARP: [____] days.

☐ Option B: Extended ARP Schedule

• Alternating weekends: Every other weekend from Friday at [____] PM to Monday morning (school drop-off).
• Midweek overnights: Every [________________________________] from after school to the following morning (school drop-off).
• Total approximate days per year with ARP: [____] days.

☐ Option C: Limited ARP Schedule

• Frequency: [________________________________]
• Duration: [________________________________]
• Reason for limitation: [________________________________]
• Total approximate days per year with ARP: [____] days.

☐ Option D: Supervised Parenting Time (See Article IV below)

☐ Option E: Custom Schedule
[________________________________]
[________________________________]
[________________________________]

Section 3.03 — Holiday and Break Schedule

Section 3.04 — Summer Parenting Time

The ARP shall have the following summer parenting time:

• Duration: [____] weeks (consecutive or non-consecutive: ☐ consecutive ☐ non-consecutive)
• Written notice required by: [________________________________] each year
• Minimum notice period: [____] days
• Summer time shall not conflict with: [________________________________]

Section 3.05 — Exchange Provisions

• Exchange location: ☐ PRP's residence ☐ ARP's residence ☐ School ☐ Neutral location: [________________________________] ☐ Supervised exchange location: [________________________________]
• Transportation: ☐ ARP picks up and returns ☐ PRP delivers and picks up ☐ Shared ☐ Other: [________________________________]
• Punctuality: Both parents shall be within fifteen (15) minutes of the scheduled exchange time.
• Failure to exercise parenting time: If the ARP fails to pick up the child within [____] minutes of the scheduled time without prior notice, the ARP's parenting time for that period is forfeited (not made up).

ARTICLE IV: SUPERVISED PARENTING TIME — T.C.A. § 36-6-406

Complete this Article only if supervised parenting time has been ordered or agreed upon.

Section 4.01 — Basis for Supervision

☐ This Article does not apply; ARP's parenting time is unsupervised.

☐ The ARP's parenting time shall be supervised based on the following T.C.A. § 36-6-406 limiting factor(s):

☐ Physical abuse or pattern of physical abuse of the child, other parent, or household member
☐ Sexual abuse of the child
☐ Pattern of emotional abuse
☐ Neglect or substantial nonperformance of parenting responsibilities
☐ Substance abuse (drug, alcohol, or other controlled substances)
☐ Emotional or physical impairment interfering with parenting
☐ Willful abandonment or substantial refusal to perform parenting duties
☐ Abusive use of conflict creating danger to child's psychological development
☐ Criminal convictions relevant to parenting fitness
☐ Other: [________________________________]

Section 4.02 — Supervision Requirements

• Type of supervision: ☐ Professional supervised visitation center ☐ Court-approved third-party supervisor ☐ Therapeutic supervision
• Supervisor/Center name: [________________________________]
• Supervisor/Center address: [________________________________]
• Supervised parenting schedule: [________________________________]
• Duration of each visit: [____] hours
• Frequency: [________________________________]

Section 4.03 — Cost of Supervision

Under T.C.A. § 36-6-406, there is a rebuttable presumption that the parent whose parenting time is restricted and supervised is solely responsible for all fees and costs of supervision.

☐ ARP shall pay 100% of supervision costs.
☐ Costs shall be shared: ARP [____]% / PRP [____]%.
☐ Other arrangement: [________________________________]

Section 4.04 — Conditions for Removing or Reducing Supervision

Supervised parenting time may be modified to unsupervised upon a showing that the conditions requiring supervision have been adequately addressed. The ARP must demonstrate:

☐ Completion of [________________________________] program/treatment
☐ Clean drug/alcohol tests for a period of [____] months
☐ Completion of a parenting education program
☐ Completion of anger management/domestic violence intervention
☐ Favorable report from the supervised visitation supervisor
☐ Therapist recommendation
☐ Other: [________________________________]

Modification of supervision requires: ☐ Agreement of both parents and Court approval ☐ Court order after hearing

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

Section 5.01 — PRP Relocation

If the PRP proposes to relocate with the child(ren) more than fifty (50) miles from the ARP within Tennessee or outside the State of Tennessee:

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

Section 5.02 — ARP Relocation

If the ARP relocates, the ARP shall notify the PRP of the new address within [____] days. If the relocation makes the current parenting schedule impracticable, either parent may petition for modification.

Section 5.03 — Additional Geographic Restriction

☐ No additional geographic restriction beyond T.C.A. § 36-6-108.
☐ The PRP shall not relocate the child(ren) outside of [________________________________] without the ARP's written consent or Court order.

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

☐ All child(ren) are under age 12.
☐ The following child(ren) are 12 or older; the child's reasonable preference was considered in establishing this arrangement:

• Child: [________________________________], Age: [____]

The parents acknowledge that as the child(ren) age, the parenting schedule may need adjustment. If a child age 12 or older expresses a preference for a change in residential schedule, the parents shall discuss the matter and, if unable to agree, submit to mediation under T.C.A. § 36-6-409.

ARTICLE VII: COMMUNICATION

Section 7.01 — Parent-to-Parent Communication

• Method: ☐ Email ☐ Text ☐ Co-parenting app ([________________________________]) ☐ Phone
• Response time (non-emergency): [____] hours
• Emergency: Immediate phone contact

Section 7.02 — ARP-Child Communication

The PRP shall facilitate reasonable communication between the ARP and the child(ren):

• Phone/video schedule: [________________________________]
• No monitoring or interference by PRP with the child's communications with the ARP.
• The ARP shall not use communication time to discuss legal matters, criticize the PRP, or interrogate the child about the PRP's household.

Section 7.03 — Emergency Notification

The PRP shall notify the ARP within twenty-four (24) hours of:

• Any emergency, serious illness, or injury involving the child(ren)
• Hospitalization of the child(ren)
• Any involvement with law enforcement or child protective services
• Any significant change in the child(ren)'s living situation

Section 7.04 — Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent in the child's presence or hearing. Neither parent shall allow others to make such remarks in the child's presence.

ARTICLE VIII: FINANCIAL PROVISIONS

Section 8.01 — Child Support

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

Child support is calculated under the Tennessee Child Support Guidelines (Tenn. Comp. R. & Regs. 1240-02-04), based on both parents' gross incomes and the number of residential parenting days assigned to each parent.

Section 8.02 — Health Insurance

☐ PRP shall maintain health insurance for the child(ren).
☐ ARP shall maintain health insurance for the child(ren).
☐ The parent with employer-provided coverage at the most reasonable cost shall maintain coverage.

Section 8.03 — Uninsured Medical Expenses

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

Documentation must be provided within [____] days of the expense. Reimbursement is due within [____] days.

Section 8.04 — Other Child-Related Expenses

ARTICLE IX: ADDITIONAL COVENANTS

Section 9.01 — Substance Use

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 start of residential time.

☐ Additional restriction: The ARP shall submit to random drug/alcohol testing. Cost borne by: ☐ ARP ☐ Shared

Section 9.02 — 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 9.03 — No Parental Alienation

Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent. Neither parent shall undermine, interfere with, or discourage the child's relationship with the other parent.

Section 9.04 — New Romantic Partners

☐ No restriction.
☐ Neither parent shall introduce a romantic partner to the child(ren) until the relationship has lasted [____] months, with [____] days' notice to the other parent.

Section 9.05 — Compliance with Orders

Both parents shall comply with all provisions of this agreement and the accompanying Permanent Parenting Plan. Failure to comply may result in contempt proceedings and sanctions.

ARTICLE X: MANDATORY TENNESSEE REQUIREMENTS

Section 10.01 — Parenting Education Seminar — T.C.A. § 36-6-408

Both parents are required to complete a mandatory four-hour parenting education seminar.

☐ PRP completed on [__/__/____]. Provider: [________________________________]
☐ ARP completed on [__/__/____]. Provider: [________________________________]
☐ PRP ordered to complete by [__/__/____].
☐ ARP ordered to complete by [__/__/____].

Section 10.02 — Mediation — T.C.A. § 36-6-409

☐ The parties mediated this agreement with mediator: [________________________________] (Rule 31 Listing No. [________________________________]).
☐ Mediation was waived due to: ☐ Domestic violence ☐ Inability to afford ☐ Other statutory exception.

Section 10.03 — Permanent Parenting Plan

☐ A completed Permanent Parenting Plan on the official Tennessee AOC form is attached and incorporated by reference.

ARTICLE XI: DISPUTE RESOLUTION

Section 11.01 — Direct Communication

The parents shall first attempt to resolve disputes through direct communication.

Section 11.02 — Mediation

Under T.C.A. § 36-6-409, the parents shall engage a Tennessee Supreme Court Rule 31 Listed Mediator before filing any motion with the Court, except in cases of domestic violence, emergency, or inability to afford mediation.

Section 11.03 — Court

If mediation fails, either parent may petition the Court:

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

Section 11.04 — Attorney's Fees

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

ARTICLE XII: MODIFICATION

Either parent may petition the Court to modify this agreement upon a showing of material change in circumstances under T.C.A. § 36-6-101(a)(2). A petition to change the PRP designation requires proof that: (1) a material change has occurred since entry of this order; (2) the change was not known or reasonably anticipated; and (3) the change meaningfully affects the child's well-being. The Court must then conduct a best interest analysis under T.C.A. § 36-6-106(a).

ARTICLE XIII: SIGNATURES

Parent Signatures

Primary Residential Parent (PRP):

I have read this agreement and the accompanying Permanent Parenting Plan. I agree to abide by its terms.

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

Printed Name: [________________________________]

Alternate Residential Parent (ARP):

I have read this agreement and the accompanying Permanent Parenting Plan. I agree to abide by its terms. I understand that the PRP has sole decision-making authority as set forth herein.

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

Printed Name: [________________________________]

Attorney Signatures

Attorney for PRP:

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

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

Attorney for ARP:

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

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

ORDER APPROVING SOLE CUSTODY AGREEMENT AND PERMANENT PARENTING PLAN

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

Docket No.: [________________________________]

The Court, having reviewed the Sole Custody and Parenting Plan Agreement and the accompanying Permanent Parenting Plan, having considered the best interest factors set forth in T.C.A. § 36-6-106(a), and having considered any T.C.A. § 36-6-406 limiting factors, hereby:

FINDS that sole decision-making authority vested in the PRP is in the best interest of the child(ren);

FINDS that the residential parenting schedule is in the best interest of the child(ren);

☐ FINDS that the following T.C.A. § 36-6-406 limiting factors apply and that the restrictions in this Plan are appropriate: [________________________________]

APPROVES the Permanent Parenting Plan;

DESIGNATES [________________________________] as the Primary Residential Parent (PRP) with sole decision-making authority;

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

ORDERS compliance 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; 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 rule)
• Tenn. Code Ann. § 36-6-301 — Visitation rights of non-custodial parent
• 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
• Tenn. Code Ann. § 36-6-406 — Restrictions in parenting plans; limiting factors; supervised visitation; cost presumption
• 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
• FERPA — Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)