Family Law Visitation Appeal Case
Memphis Germantown Family Law Lawyer
Authoring Judge: Special Judge Larry B. Stanley, Jr.
Trial Court Judge: Judge Walter C. Kurtz
Markeesha L. Rucker v. Frederick E. Harris
The trial court fashioned a parenting plan that designated the mother of five year old twins as their primary residential parent and gave the father 91 days of visitation each year. The father argues on appeal that the trial court should have divided parenting time equally between the parties, or, in the alternative, simply granted him additional parenting time. He relies on language in the child custody statute,Tenn.Code Ann.§ 36-6-106(a),which directs the court to “order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child . . .” For her part, the mother argues that the parenting plan adopted by the trial court is in the best interest of the children. We affirm, but we remand this case to the trial court for correction of a clerical error.
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Parenting Plan Modification
Background: Modification of Permanent Parenting Plan CasesModification of a Permanent Parenting Plan (PPP) is usually a far more complicated case than the initial custody determination. A PPP can be modified by agreement of both parents. If the other parent will not agree to modify the residential schedule, the court can modify the PPP if there has been a material change of circumstances and the modification is in the best interest of the minor children. Before the court will modify an existing PPP, Tennessee law requires that you and the other parent go to mediation. If the court finds that there has been a material change of circumstance and that the change directly affects the best interests of the minor child, the court is required to modify the PPP in such a way as to maximize the best interest of the minor children.
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