Failure to Visit Not Willful in Murfreesboro, Tennessee Termination of Parental Rights Case: In re Emma S.
What is a “willful” failure to visit that may result in the termination of parental rights in Tennessee?
Read MoreTag: Termination of parental rights
Termination of Parental Rights Reversed in Athens, Tennessee: In re T.W.
When is the failure to visit one’s child not willful?
Read MoreTermination of Parental Rights Reversed Because Question Wasn’t Asked in Covington, TN: In re Michael O.
Lawyers are taught to avoid asking one question too many. It turns out there’s an inverse to that rule.
Read MoreTennessee Supreme Court Says Parent’s Signature Not Required on Notice of Appeal in Termination of Parental Rights Cases: In re Bentley D.
The legislature says a notice of appeal in a termination of parental rights case must be signed by the appellant. The Court of Appeals dismissed several such appeals solely because the notice of appeal was signed by the lawyer. Now the Tennessee Supreme Court weighs in.
Read MoreNo Standing to Terminate Parental Rights in McMinnville, TN: In re Lyric A.
Can one parent terminate the other parent’s rights in Tennessee?
Read MoreTennessee Supreme Court Reverses Termination of Parental Rights in Chattanooga, Tennessee: In re Gabriella D.
Facts: Mother and Father are the parents of three children. After one child was found to be severely malnourished, i.e., starving, all three children were removed from their parents’ custody and placed in foster care. The rest of the facts can be found in my earlier post on the 2-1 decision from the Court of […]
Read MoreTennessee Supreme Court Ain’t Got Time for All the Dismissed Termination-of-Parental-Rights Appeals: In re Bentley D.
Well, that didn’t take long. A few weeks ago I wrote about the sudden avalanche of appellate decisions dismissing parental-rights-termination cases because the appellant’s lawyer signed the notice of appeal on behalf of the appellant. Recently amended Tennessee Code Annotated § 36-1-124(d) requires that “[a]ny notice of appeal filed in a termination of parental rights […]
Read MoreMore Termination of Parental Rights Cases Dismissed on New Procedural Quirk, but Now There Are Dissents: In re Jayden R.
As I wrote about a few weeks ago, the legislature enacted a statute last year that requires parents appealing the termination of their parental rights to personally sign the notice of appeal, instead of the customary practice of the attorney signing the notice of appeal. Because of this new procedural requirement, appeals in termination of […]
Read MoreNew Procedural Requirement Results in Dismissal of Termination of Parental Rights Appeal in Memphis, Tennessee: In re Catherine J.
Facts: Child was removed from the parents’ custody and determined to be dependent and neglected. Five months later, the Department of Children’s Services (DCS) petitioned to terminate Father’s parental rights. After a trial, the trial court entered a judgment terminating Father’s parental rights to Child. Father filed a notice of appeal. Notably, Father did not […]
Read MoreCourt Divided over Substantial Noncompliance with Permanency Plan in Bradley County, TN Termination of Parental Rights: In re Damien G. M.
Facts: Mother and Father are the parents of Child. They never married. Child lived with Mother. The Tennessee Department of Children’s Services (DCS) received a referral alleging that Child had been exposed to drugs. When Mother appeared in court, she notified the court that she was homeless and without income. After Mother tested positive for […]
Read MoreGrounds of Wanton Disregard Reversed in Morristown, TN Termination of Parental Rights Case: In re Jeremimah N.
Facts: Mother gave birth to Child in 2002. In 2007, Maternal Grandmother obtained custody of Child. In 2015, Maternal Grandmother petitioned to terminate Father’s parental rights on grounds of wanton disregard and because Father was sentenced to serve over 10 years in prison. Maternal Grandmother sought to adopt Child. Mother consented to the termination of […]
Read MoreThings I Like: Coppock on Tennessee Adoption Law
Dawn Coppock, Esq., is widely recognized as the preeminent authority on Tennessee adoption law. She also happens to be a wonderful person. When I was a “baby lawyer” 20 years ago, one of the partners in the firm where I worked told me to handle a pro bono stepparent adoption for one of the firm’s clients. […]
Read MoreFailure to Terminate Father’s Parental Rights Reversed in Crossville, TN: In re A.B.
Facts: Child 1 was born in February 2009. Shortly thereafter, Father was placed on probation after pleading guilty to a drug charge. In July 2009, he was found guilty of violating his probation. In March 2010, Father was arrested for driving on a suspended license. A subsequent drug investigation resulted in Father’s arrest for violating […]
Read MoreCourt Divided over Best Interests in Chattanooga Termination of Parental Rights: In re Chance D.
Facts: In 2011, Child was born to Mother and Father. At birth, Child weighed 6 pounds, 14 ounces. Six months later, Child weighed a mere 7 pounds, 6 ounces, having gained only 8 ounces. When Child saw a doctor, Child was immediately transported to the emergency room, where he remained for four days. Child was […]
Read MoreFailure to Pay Child Support Not Willful in Waverly, TN Termination of Parental Rights Case: In re Michael B.
Facts: Father and Stepmother petitioned to terminate Mother’s parental rights to Child so Stepmother could adopt Child. The proof showed Mother was a heroin addict. She earned money through prostitution to support her drug habit. During the four months preceding Mother’s incarceration, the trial court found Mother earned income from prostitution and used that income […]
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