Tera Danielle Ward v. John Patrick Ward

In this divorce case, the father appeals the trial court’s designation of the mother as the primary residential parent of the parties’ daughter. The child was born after the parties separated; at the time, the father lived in New Jersey and the mother lived in Tennessee. Divorce proceedings were initiated in Tennessee when the child was six months old; both parents asked to be designated as the child’s primary residential parent. After a trial, the trial court declared the parties divorced and designated the mother as the child’s primary residential parent; the father was granted parenting time for one week per month. The father now appeals, challenging the trial court’s decision to declare the parties divorced and to designate the mother as the child’s primary residential parent. After a careful review of the evidence, we affirm the trial court’s decision to declare the parties divorced, and reverse the designation of the mother as the primary residential parent of the child. We vacate the parenting plan approved by the trial court and remand the cause for entry of an order and parenting plan designating the father as the child’s primary residential parent, with appropriate alternate parenting time for the mother.