(a) The court shall approve agreements of the parties allocating parenting responsibilities, or specifying rules, if it finds that:

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Terms Used In Tennessee Code 36-6-407

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • 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. See Tennessee Code 36-6-402
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The agreement is consistent with any limitations on a parent’s decision-making authority mandated by § 36-6-406;
(2) The agreement is knowing and voluntary; and
(3) The agreement is in the best interest of the child.
(b) The court may consider a parent’s refusal, without just cause, to attend a court-ordered parental educational seminar in making an award of sole decision-making authority to the other parent. The court shall order sole decision making to one (1) parent when it finds that:

(1) A limitation on the other parent’s decision-making authority is mandated by § 36-6-406;
(2) Both parents are opposed to mutual decision making; or
(3) One (1) parent is opposed to mutual decision making, and such opposition is reasonable in light of the parties’ inability to satisfy the criteria for mutual decision-making authority.
(c) Except as provided in subsections (a) and (b), the court shall consider the following criteria in allocating decision-making authority:

(1) The existence of a limitation under § 36-6-406;
(2) The history of participation of each parent in decision making in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and whether each parent attended a court-ordered parent education seminar;
(3) Whether the parents have demonstrated the ability and desire to cooperate with one another in decision making regarding the child in each of the following areas: physical care, emotional stability, intellectual and moral development, health, education, extracurricular activities, and religion; and
(4) The parents’ geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.
(d) When determining whether an agreement allocating parenting responsibilities is in the best interest of the child pursuant to subdivision (a)(3), the court may consider any evidence submitted by a guardian ad litem appointed for the child, if one has been appointed by the court, subject to the Tennessee Rules of the Supreme Court relative to guidelines for guardians ad litem appointed for minor children in divorce proceedings and the Tennessee Rules of Evidence.
(e) Notwithstanding any provision to the contrary, the requirements of subsection (a) and Rule 52.01 of the Tennessee Rules of Civil Procedure are conclusively satisfied upon the court’s approval of the parties’ agreement allocating parenting responsibilities, or specifying rules, and written findings of fact and conclusions of law by the court are not required.
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