One Day, Two Termination-Of-Parental-Rights Cases, Two Best-Interest Factors, Two Reversals: In re Autumn L. and In re Serenity W.
When is it in a child’s best interest to terminate parental rights in Tennessee?
Read MoreTag: Termination of parental rights
Order Drafted by Attorney Leads to Reversal of Termination of Parental Rights in Memphis, Tennessee: In re Marneasha D.
When can a Tennessee court use an order prepared by a lawyer?
Read MoreTermination of Parental Rights for Substantial Noncompliance with Permanency Plan Reversed in Gainesboro, Tennessee: In re Nakayia S.
When can parental rights in Tennessee be terminated for substantial noncompliance with a permanency plan?
Read MoreTennessee Family Law Legislative Update 2018
Was the Tennessee Legislature as bad in 2018 as they’ve been in previous years? You be the judge.
Read MoreNo Willful Failure to Visit in Lynchburg, Tennessee Termination of Parental Rights Case: In re Justin P.
Is a parent’s failure to visit willful when the other parent prevents it?
Read MoreFailure 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 MoreTermination 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 […]
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