IN RE: ANGELA T., EKENE T., and EMBER T. - Articles

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Posted by: Tanja Trezise on Feb 23, 2012

Head Comment: With separate concurring in part and dissenting in part opinion.

Court: TN Court of Appeals

Attorneys 1: Michael A. Carter, Milan, Tennessee, for the appellants, Siegfried T. and Vernessa T.

Attorneys 2: Bede Anyanwu, Jackson, Tennessee, for the appellee, Ifeatu E.

Judge(s): HIGHERS

This appeal involves a petition to terminate parental rights that was filed in 2005. At the hearing, the Father consented to the termination of his parental rights, so the trial court entered an order terminating his parental rights without making findings of fact and conclusions of law regarding grounds for termination and the children’s best interest. Father subsequently challenged the trial court’s order on appeal, and the Supreme Court reversed and remanded for the trial court to hold a new hearing and prepare an order with the requisite findings. On remand, the trial court found that Father had not abandoned the children by willfully failing to visit them or by willfully failing to support them, and therefore it declined to terminate his parental rights. We reverse and remand for further proceedings.