Darry Lee Pogue v. Jessica Simms

This is an appeal from a custody order. In its order, the trial court named Mother the primary residential parent of the parties’ minor child and awarded Father less than equal parenting time. Father appeals, arguing that the trial court failed to maximize his parenting time in accordance with Tennessee Code Annotated section 36-6-106(a). Because we find no indication from the record that the trial court’s disposition was made in consideration of the legislative intent of section 36-6-106(a)’s requirement that courts are to fashion custody arrangements to maximize a parent’s time with their child, we vacate the trial court’s order and remand for reconsideration of Father’s parenting time.