36-6-407. Procedure for determining temporary parenting plan. -

  The allocation of parental responsibilities upon the filing of a complaint for absolute divorce, divorce from bed and board, annulment, or separate maintenance shall be determined as follows:

  (1) If the parties can agree to temporary support and residential provisions, no written temporary parenting plan is required to be entered; and

  (2) If the parties cannot agree upon an allocation of parental responsibilities, either or both parties shall request the court to order mediation or alternative dispute resolution procedure pursuant to Supreme Court Rule 31. This motion may be contained in the complaint or in a separate motion filed by either party. The court shall immediately order the parties to participate in mediation or an alternative dispute resolution procedure to establish a temporary parenting plan unless one of the restrictions in § 36-6-412(a) exists. If mediation or an alternative dispute resolution procedure is not available within twenty-four (24) hours, the court shall order an expedited hearing to establish temporary support and residential provisions. Each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order of default adopting that party's temporary parenting plan, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court may consider the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title.

[Acts 1997, ch. 557, § 1; 1998, ch. 1098, § 71.]