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Posted by: Chandra Williams on Jul 16, 2015

Court: TN Court of Appeals

Attorneys 1:

Kevin W. Shepherd, Maryville, Tennessee, for the appellant, Larry Todd Hoover.

Attorneys 2:

Lance A. Evans, Maryville, Tennessee, for the appellee, Morgan Siera Hoover.

Judge(s): FRIERSON

This post-divorce appeal presents the issue of whether the trial court erred in its modification of the parties? permanent parenting plan. The parties were married on March 28, 2009, with one child subsequently born of the marriage. The parties were divorced by final judgment dated August 25, 2011. The trial court concomitantly entered a permanent parenting plan, naming the mother primary residential parent and granting the father co-parenting time of 105 days per year with the child. Approximately eight months later, the father filed a motion seeking modification of the parties? permanent parenting plan, alleging that he had been exercising and should have been awarded at least fifty-percent co-parenting time with the child. Following a hearing conducted on July 31, 2013, the trial court temporarily modified the co-parenting schedule to award each parent equal time with the child. The court reserved the issue of a permanent residential schedule for further hearing. At a subsequent hearing conducted on June 24, 2014, the trial court considered a modification to the permanent parenting plan due to the child?s having reached kindergarten age. Upon hearing proof regarding the child?s best interest, the trial court entered an order maintaining the mother?s status as primary residential parent and awarding the father 105 days of co-parenting time per year. Father timely appealed. Discerning no error, we affirm.