36-6-406 - Restrictions in temporary or permanent parenting plans. - Tennessee Statutes

36-6-406. Restrictions in temporary or permanent parenting plans.

(a)  The permanent parenting plan and the mechanism for approval of the permanent parenting plan shall not utilize dispute resolution, and a parent's residential time as provided in the permanent parenting plan or temporary parenting plan shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that a parent has engaged in any of the following conduct:

     (1)  Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting responsibilities; or

     (2)  Physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(b)  The parent's residential time with the child shall be limited if it is determined by the court, based upon a prior order or other reliable evidence, that the parent resides with a person who has engaged in physical or sexual abuse or a pattern of emotional abuse of the parent, child or of another person living with that child as defined in § 36-3-601.

(c)  If a parent has been convicted as an adult of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 39-13-511, or has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain the parent from contact with a child that would otherwise be allowed under this part. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated guilty of a sexual offense under § 39-15-302, title 39, chapter 17, part 10, or §§ 39-13-501 39-13-511, or who has been found to be a sexual offender under title 39, chapter 13, part 7, the court shall restrain that parent from contact with the child unless the contact occurs outside the adult's or juvenile's presence and sufficient provisions are established to protect the child.

(d)  A parent's involvement or conduct may have an adverse effect on the child's best interest, and the court may preclude or limit any provisions of a parenting plan, if any of the following limiting factors are found to exist after a hearing:

     (1)  A parent's neglect or substantial nonperformance of parenting responsibilities;

     (2)  An emotional or physical impairment that interferes with the parent's performance of parenting responsibilities as defined in § 36-6-402;

     (3)  An impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting responsibilities;

     (4)  The absence or substantial impairment of emotional ties between the parent and the child;

     (5)  The abusive use of conflict by the parent that creates the danger of damage to the child's psychological development;

     (6)  A parent has withheld from the other parent access to the child for a protracted period without good cause;

     (7)  A parent's criminal convictions as they relate to such parent's ability to parent or to the welfare of the child; or

     (8)  Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

(e)  In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

(f)  (1)  In all Title IV-D child or spousal support cases in which payment of support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases but must be made to the central collection and disbursement unit as provided by § 36-5-116, and, except as may otherwise be allowed by § 36-5-501(a)(2)(B), the court shall only approve a temporary or permanent parenting plan involving the payment of support that complies with the requirements for central collection and disbursement as required by § 36-5-116. Prior to approval of a parenting plan in which payments are to be made directly to the spouse or the court clerk or to some other person or entity, there shall be filed with the plan presented to the court a written certification, under oath if filed by a party, or signed by the party's counsel, stating whether the case for which the plan is to be approved is a Title IV-D support case subject to enforcement by the department of human services or is otherwise subject to collection through the department's central collection and disbursement unit established by § 36-5-116.

     (2)  Any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, except as may otherwise be allowed by § 36-5-501(a)(2)(B), whether or not approved by the court, shall be void and of no effect. No credit for support payments shall be given by the court, the court clerk or the department of human services for child or spousal support payments required by the support order that are made in contravention of such requirements; provided, however, the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.

(g)  Forms used by parties as parenting plans or adopted by the court for their use, shall conform to all substantive language requirements established by the administrative office of the courts at such time as parenting plan forms are promulgated and approved by that office.

[Acts 1997, ch. 557, § 1; T.C.A., § 36-6-412; Acts 2000, ch. 889, § 1; 2001, ch. 447, § 18.]