Tennessee Code Annotated

Tenn. Code Ann. § 36-6-403 (2026)

Temporary parenting plan

✓ current as of May 2026

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Except as may be specifically provided otherwise herein, a temporary parenting plan shall be incorporated in any temporary order of the court in actions for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child. A temporary parenting plan shall comply with those provisions for a permanent parenting plan under § 36-6-404(a) that are applicable for the time frame and shall include a residential schedule as described in § 36-6-404(b). The court shall approve a temporary parenting plan as follows:

(1) If the parties can agree to a temporary parenting plan, no written temporary parenting plan is required to be entered; or

(2) If the parties cannot agree to a temporary parenting plan, either or both parties may request the court to order dispute resolution. The court may immediately order the parties to participate in dispute resolution to establish a temporary parenting plan unless one (1) of the restrictions in § 36-6-406(a) exists. If dispute resolution is not available, either party may request and the court may order an expedited hearing to establish a temporary parenting plan. In either mediation or in a hearing before the court each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by chapter 5 of this title, and a verified statement that the plan is proposed in good faith and is in the best interest of the child. If only one (1) party files a proposed temporary parenting plan in compliance with this section, that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest. In determining whether the proposed temporary parenting plan serves the best interests of the child, the court shall be governed by the allocation of residential time and support obligations contained in the child support guidelines and related provisions in chapter 5 of this title.

Acts 1997, ch. 557, § 1; T.C.A., § 36-6-407; Acts 2000, ch. 889, § 1.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 2001–2022 · leading case: Christopher Vance Smalling v. Sarah Rebecca Smalling (Tenn. Ct. App. 2014).

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Christopher Vance Smalling v. Sarah Rebecca Smalling (Tenn. Ct. App. 2014). · cites it 15× “We hold that the local rules are in conflict with Tenn. Code Ann. § 36-6-403 because they require the filing of a written Temporary Parenting Plan even though the statute specifically states this is not required if the parties agree, as in this case, to a Temporary Parenting…”

Doe v. Tennessee, State of (M.D. Tenn. 2022). · cites it 4× “Tenn. Code Ann. § 36-6-403 (2). Doe has not alleged that Wolfe or the Chancery Court found that Doe’s proposed temporary order was in his children’s best interest.”

Kirby Miranda Gentry v. Michael Anthony Gentry (Tenn. Ct. App. 2014). · cites it 5× “The authority of a trial court to enter a temporary parenting plan is set forth in Tenn. Code Ann. § 36-6-403 which states, “[e]xcept as may be specifically provided otherwise herein, a temporary parenting plan shall be incorporated in any temporary order of the court in actions…”

Christopher Michael Rigsby v. Marcy Leanne Rigsby (Tenn. Ct. App. 2015). · cites it 5× “The Gentry Court also cited the following explanation from Davidson with approval: The authority of a trial court to enter a temporary parenting plan is set forth in Tenn. Code Ann. § 36-6-403 which states, “[e]xcept as may be specifically provided otherwise herein, a temporary…”

John Steven Davidson, Jr. v. Mary Molteni Davidson (Tenn. Ct. App. 2010). · cites it 4× “See Tenn. Code Ann. § 36-6-404 (a) (2005). The authority of a trial court to enter a temporary parenting plan is set forth in Tenn.”

Maria Louise Bernhard Kollasch Krahn v. Todd Michael (Tenn. Ct. App. 2003). · cites it 4× “would have been to either order the parties into dispute resolution or to set a date for an expedited hearing,” and thereby moved the court to vacate the parenting plan approved by the court on July 25, 2001, and order the parties into dispute resolution or, alternatively, “hold…”

Ronald Mercer v. Brandi Chiarella (Tenn. Ct. App. 2021). · cites it 2× “On June 19, 2018, Father filed an answer to Mother’s counter-petition, asking that her counter-petition be dismissed and arguing that she failed to properly plead her request under Tennessee Code Annotated section 36-6-101 and/or section 36-6-403. A final hearing on the parties’…”

William Edward Hargrove v. Merriellen Hargrove A/K/A Merriellen Warstler (Tenn. Ct. App. 2007). · cites it 2× “Acts 557 (codified at Tenn. Code Ann. § 36-6-403 (June 24, 1997)) (emphasis added).”

State of Tennessee ex rel. Debra Mardis v. David Mardis (Tenn. Ct. App. 2005). · cites it 2× “” Tenn. Code Ann. §§ 36-6-403 and 36-6-404(a).”

Amy Arnold v. Kevin Arnold (Tenn. Ct. App. 2001). · cites it 2× “” Tenn. Code Ann. §36-6-401 . Nor does the Statute abrogate the other statutory sections dealing with custody determination.”

Michelle Benson Smith v. Christopher D. Smith (Tenn. Ct. App. 2015). · cites it 2× “Even though the trial court did not explicitly grant Father‟s motion to set aside the ex parte temporary parenting plan, the trial court afforded 4 Tennessee Code Annotated section 36-6-403(2) provides: If the parties cannot agree to a temporary parenting plan, either or both…”

Joseph Marion Barker v. Angel Chandler (Tenn. Ct. App. 2009). “In 2005, the legislature directed the AOC to develop a standard permanent parenting plan form “that shall be used consistently by each court within the state that approves parenting plans pursuant to § 36-6-403 or 36-6-404 on and after July 1, 2005.”

— Tenn. Code Ann. § 36-6-403(2) — 2 cases

Doe v. Tennessee, State of (M.D. Tenn. 2022). “Tenn. Code Ann. § 36-6-403 (2). Doe has not alleged that Wolfe or the Chancery Court found that Doe’s proposed temporary order was in his children’s best interest.”

Michelle Benson Smith v. Christopher D. Smith (Tenn. Ct. App. 2015). “Even though the trial court did not explicitly grant Father‟s motion to set aside the ex parte temporary parenting plan, the trial court afforded 4 Tennessee Code Annotated section 36-6-403(2) provides: If the parties cannot agree to a temporary parenting plan, either or both…”

— Tenn. Code Ann. § 36-6-403(a)(2) — 1 case

Maria Louise Bernhard Kollasch Krahn v. Todd Michael (Tenn. Ct. App. 2003). “would have been to either order the parties into dispute resolution or to set a date for an expedited hearing,” and thereby moved the court to vacate the parenting plan approved by the court on July 25, 2001, and order the parties into dispute resolution or, alternatively, “hold…”

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