Christopher Grey Cummings v. Pepper Lynne Werner Cummings

The trial court granted the husband a divorce on the ground of the wife’s adultery and made various rulings regarding the parenting arrangement for the parties’ one year old son, child support, property division, and award of attorney’s fees. The parties have appealed most of the those rulings. Although we affirm the equal sharing of residential placement, we find the six month alternating schedule is not in this child’s best interests. We also find other parts of the plan must be vacated in view of recent holdings by the Tennessee Supreme Court. Therefore, we vacate the parenting plan and remand for entry of a new permanent parenting plan addressing the residential schedule, the designation of primary residential parent, allocation of decision-making authority, and child support. In the interim, we reinstate the trial court’s pendente lite arrangement, as modified, and establish interim support. We affirm the division of property, modify the allocation of debt, and modify the award of attorney’s fees.