When children are involved in a Tennessee divorce, the law requires the parents to submit a Parenting Plan as part of the divorce process. A Parenting Plan outlines the rights and responsibilities each parent, provides a framework for co-parenting post-divorce, and ensures that the best interests of the children are prioritized in the divorce. Unfortunately, conflicts can arise when one parent refuses to follow the terms of the Parenting Plan. While it is always best to consult with an experienced attorney if you find yourself in this situation, a Murfreesboro divorce attorney
at Bennett | Michael | Hornsby offers some general insight into how to enforce a Tennessee Parenting Plan.
Tennessee Parenting Plan Basics
A Parenting Plan is more than just an agreement between parents. Once approved by the court, a Parenting Plan becomes an order of the court that both parties are legally obligated to follow. While a Parenting Plan can be extremely detailed and complex, even a basic Parenting Plan must include a Primary Residential Parent (PRP) and Alternative Residential Parent (ARP) designations, provisions for parenting time, a determination of who has decision-making authority, and details regarding child support obligations. Violating the terms of a Parenting Plan can be considered contempt of court and can have serious legal consequences.
Steps to Take If Your Former Spouse Violates the Parenting Plan
Dealing with a former spouse who refuses to abide by the terms of a Parenting Plan in Tennessee can be frustrating and emotionally taxing. It can also be easy to react in kind by refusing to adhere to the terms of the plan yourself. Instead, take the following steps if your former spouse violates a Tennessee Parenting Plan:
- Document the Violation: The first step in addressing non-compliance is to document the violation by keeping a detailed record of the incidents, including dates, times, and descriptions of how the other parent failed to adhere to the Parenting Plan. For example, if the other parent refuses to allow you visitation or fails to drop off the child at the agreed-upon time, make note of these occurrences. If possible, gather evidence such as text messages, emails, or witnesses who can corroborate your account.
- Attempt to Resolve the Issue Amicably: If the violation is minor or a first-time occurrence, consider reaching out to your former spouse to discuss the issue and try to resolve it without the need for contentious and costly litigation. When addressing the issue, remain calm, focus on the children’s best interests, and try to find common ground to prevent future issues.
- Consult with an Experienced Divorce Attorney: If you tried to resolve the problem with your former spouse, yet the violations persist or escalate, it may be time to consult with a divorce attorney. An experienced divorce lawyer can review your situation, explain your rights under Tennessee law, and advise you on the best course of action.
What Legal Options Are Available to Enforce a Parenting Plan?
Because every situation is unique, only an experienced divorce attorney can advise you regarding how best to enforce your Tennessee Parenting Plan; however, some common options include:
- Mediation: Mediation can provide a neutral setting for both parents to discuss their concerns and reach an agreement. A mediator (usually an attorney with specialized training in mediation) acts as a neutral third-party who listens to both sides of the issue and tries to find common ground that can be used to develop a mutually agreeable solution without the need to litigate the dispute.
- Motion for Contempt: When informal resolution methods fail, your attorney may suggest filing a motion for contempt with the court. Contempt proceedings are used to enforce compliance with court orders, including Parenting Plans. Your attorney will file a petition detailing how the other parent has violated the terms of the plan, and the court will set a hearing at which you will need to present evidence of the violations in court. If the judge finds the other parent in contempt, they may impose penalties such as fines, modification of the Parenting Plan, or even jail time in extreme cases.
- Modifying the Parenting Plan: If the other parent’s refusal to comply with the Parenting Plan is part of an ongoing pattern, you might consider seeking a modification of the plan. To modify a Parenting Plan in Tennessee, you must demonstrate a material change in circumstances that justifies the modification. For example, if the other parent repeatedly disrupts the visitation schedule or refuses to co-parent effectively, the court may adjust custody arrangements or decision-making responsibilities to better serve the child’s needs. A modification can occur voluntarily as an agreement between the parties or involuntarily by the court after a hearing on a motion for contempt.
Contact a Murfreesboro Family Law Attorney
If you have additional questions about divorce, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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