return to Jes Beard's home page.
§ 36-6-408. Procedure for determining permanent parenting plan
(a) The parties, by consent, may propose a permanent parenting plan for court approval:
(1) With, in the case of an action for absolute divorce, annulment, divorce from bed and board, or separate maintenance, a signed marital dissolution or separation agreement filed with the complaint, the answer, or at any time before the entry of a final decree or judgment; or
(2) With a consent order to modify a final decree or judgment regarding divorce, divorce from bed and board, or separate maintenance involving a minor child;
(b)(1) If the parties cannot reach agreement on a permanent parenting plan, then within ninety (90) days after the commencement of the action, the parties shall submit a scheduling order to the court including a referral to mediation or alternative dispute resolution or a request for a waiver of alternative dispute resolution, for just cause. The scheduling order shall include a mediation procedure or alternative dispute resolution procedure. The mediation process or alternative dispute resolution process referred to in this part shall be in accordance with > Supreme Court Rule 31. For the purposes of this part, such process may include:
(A) Mediation, the neutral party to be chosen by the parties or
the court;
(B) Arbitration, the neutral party to be chosen by the parties
or the court; or
(C) A mandatory settlement conference presided over by the court
or a special master.
(2) Each neutral party, the court, or the special master shall apply or, in the case of mediation, assist the parties to uphold as a standard for making decisions in mediation, the criteria in §§ 36-6-411 and 36-6-412. Nothing in this part shall be construed to prevent a party from having the party's attorney present at a mediation or other dispute resolution procedure.
(3) The Tennessee Rules of Evidence do not apply in any mediation or alternative dispute resolution process; the neutral party may rely upon evidence submitted that reasonably prudent persons would rely upon in the conduct of their affairs.
(c) If the parties have not reached agreement on a permanent parenting
plan, each party shall file and serve a proposed permanent parenting plan
on or before forty-five (45) days before the date set for trial, even though
the parties may continue to mediate or negotiate. Failure to comply
may result in the court's adoption of the filed plan if the court finds
such plan to be in the best interest of the child. In determining
whether the proposed permanent parenting plan is in 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 contained in title 36, chapter 5. Each parent submitting
a proposed permanent parenting plan shall attach a verified statement of
income pursuant to the child support guidelines and related provisions
contained in title 36, chapter 5 and a verified statement that the plan
is proposed in good faith and is in the best interest of the child.
Added by 1997 Pub.Acts, c. 557, § 1, eff. July 1, 1997.