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Posted by: Tanja Trezise on Oct 21, 2013

Court: TN Supreme Court

Attorneys 1:

Thomas C. Jessee, Johnson City, Tennessee, for the appellant, Andrew K. Armbrister.

Attorneys 2:

David L. Leonard, Greeneville, Tennessee, for the appellee, Melissa H. Armbrister.

Judge(s): CLARK

The issue in this post-divorce proceeding is whether a parent seeking to modify a residential parenting schedule in a permanent parenting plan must prove that an alleged material change in circumstances could not reasonably have been anticipated when the residential parenting schedule was originally established. We hold that Tennessee Code Annotated section 36-6- 101(a)(2)(C) (2010), enacted in 2004, abrogated any prior Tennessee decision that could have been read as requiring such proof. Accordingly, because the father who sought modification in this case was not required to prove that his remarriage, relocation, changed work schedule, and natural aging of his children were unanticipated, we reverse the Court of Appeals’ judgment and reinstate the trial court’s judgment modifying the residential parenting schedule to give the mother 222 days and the father 143 days of residential parenting time with the two minor children.