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  • Writer's pictureJoseph W. Smith

Parenting Time: Do the Days Count?

In custody and divorce proceedings, we often ask our clients to keep a calendar or journal to document the actual number of days each parent has with their child, but clients sometimes ask, “Does it really matter?” The answer is yes, it absolutely matters. Courts use the actual number of residential days each parent has with the child when determining things such as primary residential parent status, but especially, the amount of child support a parent should pay. For instance, the number of days a parent spends with a child impacts the amount of child support that parent pays.


The Tennessee Child Support Guidelines define a “day” of parenting time as:

When the child spends more than twelve (12) consecutive hours in a twenty-four (24) hour period under the care, control or direct supervision of one parent or caretaker. The twenty-four (24) hour period need not be the same as a twenty-four (24) hour calendar day. Accordingly, a “day” of parenting time may encompass either an overnight period or a daytime period, or a combination thereof. Tenn. Comp. R. & Regs. 1240-02-04-.02(10). This definition is used by courts when calculating the number of days a parent has with a child and is a critical component in calculating child support.


Recently, in case of the Gates v. Gates, the appellate court calculated a day based on a Permanent Parenting Plan granting Father the period of time each week from Thursday at 4:15 p.m. until Monday morning to “take to school or daycare or return to mother as appropriate.” The Court’s calculation of a day based on the Permanent Parenting Plan in Gates is broken down below.

Thursday 4:15 p.m. until Friday 4:15 p.m. = one day

Friday 4:15 p.m. until Saturday 4:15 p.m. = one day

Saturday 4:15 p.m. until Sunday 4:15 p.m. = one day

Sunday 4:15 p.m. until Monday 8:00 a.m. = 15.75 hours

(more than 12 consecutive hours in a 24-hour period = one

day)


52 weeks x 4 days = 208 days, less 24 days for mother’s

weekend offset = 184 days for father. 365 days less 184 =

181 days for mother.


The appellate court found the trial court miscalculated the number of days father spent with the children by a whopping 42 days. But for the trial court’s miscalculation, Father would have been designated as the primary residential parent and he would not have been obligated to pay child support.


Therefore, it is imperative that our clients are doing their part by maintaining a calendar of days the child spends with them. Not only does documenting your parenting time as you go ensures that the information is a complete and accurate reflection of the information, but it can save your attorney time and you money when it comes to preparing for Court.

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