IN RE CHANDLER M. - Articles

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Posted by: Tanja Trezise on Jul 22, 2014

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

John M. Stewart, Winchester, Tennessee, for the appellant, Henry Y., III.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, and Leslie Curry, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children’s Services.

Janet M. Songer, Winchester, Tennessee, guardian ad litem for the minor, Chandler M.

Judge(s): MCCLARTY

This is a termination of parental rights case in which the Tennessee Department of Children’s Services filed a petition to terminate Father’s parental rights to the Child. The trial court found that clear and convincing evidence existed to support the termination of Father’s parental rights on the statutory grounds of abandonment, persistence of conditions, and confinement under a sentence of ten years or more. The court further found that termination of his rights was in the Child’s best interest. Father appeals. We affirm the trial court’s termination of Father’s parental rights on the grounds of abandonment and confinement under a sentence of 10 years or more. However, we reverse the trial court on the ground of persistent conditions.