Samantha Mackus Knight v. James Darrell Mackus

Case Number
W2009-01099-COA-R3-CV

At the parties’ divorce, Mother was named primary residential parent of their minor child and Father was allowed visitation. The parties continued living together for approximately one year following their divorce, and thereafter, they exercised alternating one-week visitation for  approximately one year. Father petitioned to be named primary residential parent citing his increased visitation with the child as a material change in circumstances. The trial court denied his petition without making the findings required by Tennessee Code Annotated section 36-6-101(a)(2)(B)(i). We vacate the trial court’s order denying Father’s petition, and we remand to the trial court with instructions to make the necessary findings and then to render its decision accordingly.

Authoring Judge
Judge Alan E. Highers
Originating Judge
Judge Karen R. Williams
Case Name
Samantha Mackus Knight v. James Darrell Mackus
Date Filed
Dissent or Concur
No