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Posted by: Tanja Trezise on Jul 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Gregory D. Smith and Corinne E. Martin, Nashville, Tennessee, for the appellant, Elizabeth Anne McDaniel.

Attorneys 2:

Michelle Blaylock-Howser, Murfreesboro, Tennessee, for the appellee, Robb Ashby McDaniel.

Judge(s): CLEMENT

Mother appeals the designation of Father as the primary residential parent of the parties’ two minor children and the parenting schedule which gave Father substantially more parenting time. We affirm the trial court’s designation of Father as the primary residential parent finding that the evidence does not preponderate against the trial court’s decision which was primarily based on the importance of continuity in the children’s lives. As for the parenting schedule, which awards Father 245 days and Mother only 120 days a year, we find that the evidence preponderates against such a disparity of parenting time; therefore, we reverse the parenting schedule and remand this issue for the trial court to adopt a revised parenting schedule that permits each parent to enjoy the maximum participation possible in the children’s lives that is consistent with the factors set forth in Tennessee Code Annotated § 36-6-106(a).