When a Parent Fails to Follow a TN Parenting Plan

Posted by Martin Heller Potempa & Sheppard, PLLC on April 29, 2021

It’s no shock that custody battles can become heated, especially when one party isn’t willing to compromise. Unfortunately, it becomes even more complicated when one parent fails to follow the TN parenting plan that has been established by the courts. But what can be done in these situations?

Understanding the TN Parenting Plan

When child custody cannot be determined by the parents, the court will intervene and establish what is known as a permanent parenting plan (PPP) which establishes each parent’s co-parenting time, rights to decision-making ability for the child, and child support.

These plans must be followed according to the laws of Tennessee Code Annotated, section 36-6-502. This means that if one parent does not follow the TN parenting plan, that parent can be held in contempt of court, resulting in legal ramifications. This can include fines or jail time.

While you may not be eager to bring your ex to court for his or her failure to follow the TN parenting plan, it’s important to take steps in order to build your case should it come to it. This includes documenting any violations such as messages that indicate he or she is not going to follow the plan.

However, while the word “permanent” is part of the name, it’s important to know that these documents are only permanent until a change must occur to the formal document.

Revising a TN Permanent Parenting Plan

Revising a TN parenting plan is not as complicated as it may seem, though having your affairs in order will be critical.

The first step in revising a TN permanent parenting plan is to illustrate that there has been a “material change in circumstances” in the life of the child. This may include age-related changes, changes in the parent’s living or working conditions that affect parenting, failing to follow the parenting plan, etc.

Once a material change in circumstances is established, the court will create a new parenting plan that suits the best interests of the child.

We know that child custody plan modifications can quickly become contentious–but it doesn’t have to be.

Parent Not Following the TN Parenting Plan? Call MHPS Law

For years, the Nashville child custody lawyers at Martin Heller Potempa & Sheppard, PLLC have been helping clients across the state by modifying their permanent parenting plans. Our attorneys will walk you through the process and help you with the paperwork. Your child deserves stability. Let us help.

If you are considering a modification to your permanent parenting plan, you’re going to need an experienced family law attorney to help you. Contact Martin Heller Potempa & Sheppard, PLLC now to learn more.

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