STEPHANIE N. POTTS
Session: August 18, 2016
from the Juvenile Court for Montgomery County No. 08JV537,
08JV538 Tim Barnes, Judge
appeals the modification of a parenting plan, which changed
the designation of primary residential parent to Mother and
decreased Father's parenting time. We vacate the judgment
and remand the case for entry of factual findings in
accordance with Tenn. R. Civ. P. 52.01.
R. App. P. 3 Appeal as of Right; Judgment of the Juvenile
Court Vacated; Case Remanded.
Adrienne Gilliam Fry, Clarksville, Tennessee, for the
appellant, Tony Conatser.
R. Potter, Clarksville, Tennessee, for the appellee,
Richard H. Dinkins, J., delivered the opinion of the court,
in which Andy D. Bennett and W. Neal McBrayer, JJ., joined.
MEMORANDUM OPINION 
RICHARD H. DINKINS, JUDGE
Factual and Procedural Background
Conatser ("Father") and Stephanie Potts
("Mother") are the parents of twins who were born
in 2002. On April 2, 2009, the court adopted a parenting plan
which designated Father as primary residential parent, with
each parent spending 182 ½ days of parenting time with
the children. On August 16, 2013, Mother filed a petition to
modify the plan, asserting that the plan was no longer
workable for various reasons and requesting, inter
alia, that her proposed parenting plan be adopted and
that child support be modified. Father answered and filed a
counter petition, asserting that there was a material change
of circumstances sufficient to warrant a modification of the
residential schedule; that Mother was willfully unemployed
and in contempt of the order entered April 2, 2009; and
requesting that his proposed plan be adopted.
on the petitions was held on May 11, 2015; after hearing the
proof and interviewing the children, the court made a ruling
from the bench, to take effect in two days, in which it,
inter alia, designated Mother as primary residential
parent; set Mother's income at $8.75 per hour for a 40
hour week and Father's income at $41, 460.40 per year
according to his 2014 W-2 and an additional $900 per year
from a fireworks stand he operated; adjusted Father's
parenting time to six out of every fourteen days; and set a
schedule for holiday visitation. On September 30, 2015, the
court entered an order, entitled "Findings of Fact and
Conclusions of Law, " in which it made findings relative
to the factors at Tennessee Code Annotated section
36-6-106(a) and adopted "[t]he Permanent Parenting Plan
effective May 13, 2015." The September 30 order was
amended on December 1 in a document styled "Amended
Findings of Fact and Conclusions of Law" to order that
Father pay Mother $100.00 in attorney's fees.
appeals, contending that the court erred in changing the
designation of primary residential parent and in reducing his
Standard of Review
considering modifications to parenting plans, courts are to
engage in a two-part analysis. The court must first determine
whether a material change in circumstance has occurred since
the previous order. Burnett v. Burnett, No.
M2014-00833-COA-R3-CV, 2015 WL 5157489, at *6 (Tenn. Ct. App.
Aug. 31, 2015) (citing Tenn. Code Ann. §
36-6-101(a)(2)(B); Armbrister v. Armbrister, 414
S.W.3d 685, 697-98 (Tenn. 2013)). If so, then the court
proceeds to determine whether a modification is in the best
interest of the children. Id. (citing