IN RE HARLI B. - Articles

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Posted by: Suzanne Craig Robertson on Jun 30, 2014

Court: TN Court of Appeals

Attorneys 1:

David D. Wolfe, Dickson, Tennessee, for the appellant, Jeremy B.

Attorneys 2:

Sharon T. Massey, Clarksville, Tennessee, for the appellee, Jessica H.

Judge(s): CLEMENT

Father appeals the modification of the primary residential plan and specifically the designation of Mother as the primary residential parent of the parties’ five-year-old daughter. In 2010, Father was designated as the primary residential parent of their two-year old child and the parents were awarded equal and shared parenting time based on an alternating weekly schedule. Over the next two years, the employment and marital status of each parent changed and Mother had three additional children. Based on these changes, Mother filed a petition in July 2012 to modify the primary residential plan requesting that she be designated as the primary residential parent. Finding, inter alia, that Mother was no longer employed, that she worked in the home caring for the parties’ child as well as her three younger children who were born after the initial plan went into effect, and that she had been acting as the de facto primary residential parent, the court granted Mother’s petition and designated her as the primary residential parent. We affirm.