Agreed Parenting Schedule With Equal Time Rejected in Roane County Divorce: Holmes v. Holmes

Herston on Tennessee Family Law

Knoxville child custody lawyersFacts : Mother and Father,the parents of three children, divorced after 13 years of marriage. When the divorce trial began, the parents announced their agreement regarding the continuation of the equal time, alternate-week schedule they followed while the divorce was pending. The only issues presented for trial were (1) which parent would be named the primary residential parent, and (2) which parent would maintain ultimate decision-making authority.

A psychologist who performed a custody evaluation testified that the current alternate-week arrangement was successful in that the children were happy, mentally healthy, and well-adjusted. The psychologist recommended continuation of the current co-parenting schedule despite the parents’ inability to agree on other matters. He acknowledged, however, that the parents’ inability to agree about “really anything” could cause problems in the future.

The trial court rejected the equal time arrangement advocated by both parents. Instead, it entered an order establishing Father as primary residential…

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