Tennessee Code Annotated

Tenn. Code Ann. § 36-6-402 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context requires otherwise:

(1) "Dispute resolution" means the mediation process or alternative dispute resolution process in accordance with Tennessee Supreme Court Rule 31 unless the parties agree otherwise. For the purposes of this part, such process may include: mediation, the neutral party to be chosen by the parties or the court; arbitration, the neutral party to be chosen by the parties or the court; or a mandatory settlement conference presided over by the court or a special master;

(2) "Parenting responsibilities" means those aspects of the parent-child relationship in which the parent makes decisions and performs duties necessary for the care and growth of the child. "Parenting responsibilities," the establishment of which is the objective of a permanent parenting plan, include:
- (A) Providing for the child's emotional care and stability, including maintaining a loving, stable, consistent, and nurturing relationship with the child and supervising the child to encourage and protect emotional, intellectual, moral, and spiritual development;
- (B) Providing for the child's physical care, including attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
- (C) Providing encouragement and protection of the child's intellectual and moral development, including attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
- (D) Assisting the child in developing and maintaining appropriate interpersonal relationships;
- (E) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
- (F) Providing any financial security and support of the child in addition to child support obligations;

(3) "Permanent parenting plan" means a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule, as well as an award of child support consistent with chapter 5 of this title;

(4) "Primary residential parent" means the parent with whom the child resides more than fifty percent (50%) of the time;

(5) "Residential schedule" is the schedule of when the child is in each parent's physical care, and the residential schedule must designate a primary residential parent when the child is scheduled to reside with one (1) parent more than fifty percent (50%) of the time; in addition, the residential schedule must designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria of this part; provided, that nothing contained herein modifies any provision of § 36-6-108; and

(6) "Temporary parenting plan" means a plan for the temporary parenting and the best interests of the child, including the establishment of a temporary residential schedule, and the establishment of temporary financial support designed to maintain the financial status quo to the extent possible, consistent with chapter 5 of this title, and the guidelines thereunder.

Amended by 2019 Tenn. Acts, ch. 83,s 1, eff. 7/1/2019.

Acts 1997, ch. 557, § 1; 2000, ch. 889, § 1.

Notes of Decisions

Cited in 84 cases (10 in the last 5 years), 1997–2026 · leading case: Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013).

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Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). · cites it 6× “Under Tennessee Code Annotated section 36-6-402(2)(A)-(F), "[p]arenting responsibilities,” "the establishment of which is the objective of a permanent parenting plan,” include: (A) Providing for the child's emotional care and stability, including maintaining a loving, stable,…”

Hopkins v. Hopkins, 152 S.W.3d 447 (Tenn. 2004). · cites it 12× “" Tenn.Code Ann. § 36-6-402(4) (2001) (emphasis added).”

Rivero v. Rivero, 216 P.3d 213 (Nev. 2009). · cites it 4× “This focus on residency is consistent with NRS 125C.010, which requires that a court, when ordering visitation, specify the “habitual residence” of the child.”

Gray v. Gray, 78 S.W.3d 881 (Tenn. 2002). · cites it 7× “Tenn. Code Ann. § 36-6-402 (3) (2001). Awards of child support are generally governed by the Child Support Guidelines promulgated by the Tennessee Department of Human Services Child Support Services Division.”

Burden v. Burden, 250 S.W.3d 899 (Tenn. Ct. App. 2007). · cites it 2× “” T.C.A. § 36-6-402. 9 . We decline to rule on the issue, raised by Wife, of whether the trial court abused its discretion in failing to grant Wife's motion to reconsider and/or in failing to hear Dr.”

Kawatra v. Kawatra, 182 S.W.3d 800 (Tenn. 2005). · cites it 2× “See Tenn.Code Ann. § 36-6-402(5) (2001) (defining the "[rjesiden-tial schedule” in a parenting plan as "the schedule of when the child is in each parent’s physical care”).”

In Re Hogue, 286 S.W.3d 890 (Tenn. 2009). · cites it 2× “The Trustee contends that Tennessee statutory law, as set forth at Tennessee Code Annotated section 36-6-402(4) (2005), indicates that only one parent may be the primary residential parent, and therefore, even if the enhanced exemption is available to a married couple, only one…”

Robert Lee Melvin v. Wendy Ann Melvin, 415 S.W.3d 847 (Tenn. Ct. App. 2011). “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…”

Deborah Ann hansen v. Ole Hansen (Tenn. Ct. App. 2000). · cites it 22× “” See T.C.A. § 36-6-402(1) and (5). See also T.”

Jennifer Rebecca Creswell Henegar v. Jason Adam Henegar (Tenn. Ct. App. 2016). · cites it 8× “15, 2004) (citing Tenn. Code Ann. § 36-6-402 (5); Hopkins v.”

Brent Dewayne Carr v. Kellie Renea Carr (Tenn. Ct. App. 2018). · cites it 7× “” Tenn. Code Ann. § 36-6-402 (3) (2017). The residential schedule is to include the designation of the primary residential parent (section 36-6-402(5)), defined as the parent with whom the child resides more than 50% of the time (section 36-6-402(4)), and in developing the plan,…”

Jade C. Nunnally v. Adam Nunnally (Tenn. Ct. App. 2017). · cites it 6× “Tenn. Code Ann. § 36-6-404 (a). A permanent parenting plan is “a written plan for the parenting and best interests of the child, including the allocation of parenting responsibilities and the establishment of a residential schedule.”

Show all 84 citing cases →

— Tenn. Code Ann. § 36-6-402(1) — 2 cases

Deborah Ann hansen v. Ole Hansen (Tenn. Ct. App. 2000). “” See T.C.A. § 36-6-402(1) and (5). See also T.”

Michael J. Hogan v. Janet Katherine Hogan (Tenn. Ct. App. 2009).

— Tenn. Code Ann. § 36-6-402(2) — 2 cases

Christen Nicole Pankratz v. Dion Pankratz (Tenn. Ct. App. 2017).

Edna Gergel v. James Gergel (Tenn. Ct. App. 2022).

— Tenn. Code Ann. § 36-6-402(2)(A) — 1 case

Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). “Under Tennessee Code Annotated section 36-6-402(2)(A)-(F), "[p]arenting responsibilities,” "the establishment of which is the objective of a permanent parenting plan,” include: (A) Providing for the child's emotional care and stability, including maintaining a loving, stable,…”

— Tenn. Code Ann. § 36-6-402(3) — 12 cases

Victoria Leanne Potts v. Timothy S. Potts (Tenn. Ct. App. 2018).

Robin Leah Louise Farnham Carter v. Myron Thomas Carter (Tenn. Ct. App. 2018).

In Re Jaxon W. (Tenn. Ct. App. 2019).

Larry Mark Mangum v. Laney Celeste Mangum (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 36-6-402(3)(2000) — 1 case

Clyde Richard Aslinger v. Carrie Lynne Aslinger (Tenn. Ct. App. 2010).

— Tenn. Code Ann. § 36-6-402(4) — 12 cases

Hopkins v. Hopkins, 152 S.W.3d 447 (Tenn. 2004). “" Tenn.Code Ann. § 36-6-402(4) (2001) (emphasis added).”

Rivero v. Rivero, 216 P.3d 213 (Nev. 2009). “This focus on residency is consistent with NRS 125C.010, which requires that a court, when ordering visitation, specify the “habitual residence” of the child.”

Gray v. Gray, 78 S.W.3d 881 (Tenn. 2002). “Tenn. Code Ann. § 36-6-402 (3) (2001). Awards of child support are generally governed by the Child Support Guidelines promulgated by the Tennessee Department of Human Services Child Support Services Division.”

In Re Hogue, 286 S.W.3d 890 (Tenn. 2009). “The Trustee contends that Tennessee statutory law, as set forth at Tennessee Code Annotated section 36-6-402(4) (2005), indicates that only one parent may be the primary residential parent, and therefore, even if the enhanced exemption is available to a married couple, only one…”

— Tenn. Code Ann. § 36-6-402(5) — 12 cases

Hopkins v. Hopkins, 152 S.W.3d 447 (Tenn. 2004). “" Tenn.Code Ann. § 36-6-402(4) (2001) (emphasis added).”

Kawatra v. Kawatra, 182 S.W.3d 800 (Tenn. 2005). “See Tenn.Code Ann. § 36-6-402(5) (2001) (defining the "[rjesiden-tial schedule” in a parenting plan as "the schedule of when the child is in each parent’s physical care”).”

Deborah Ann hansen v. Ole Hansen (Tenn. Ct. App. 2000). “” See T.C.A. § 36-6-402(1) and (5). See also T.”

— Tenn. Code Ann. § 36-6-402(6) — 1 case

Deborah Ann hansen v. Ole Hansen (Tenn. Ct. App. 2000). “” See T.C.A. § 36-6-402(1) and (5). See also T.”

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