IN RE REBEKAH R.W. - Articles

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Posted by: Tanja Trezise on Feb 24, 2012

Court: TN Court of Appeals

Attorneys 1: Barry K. Maxwell, Madisonville, Tennessee, for the appellant, Perley W., Jr.

Attorneys 2: Peter Alliman, Madisonville, Tennessee, for the appellee, Arlin H. and Emma H.

Judge(s): SUSANO

Perley W. Jr., (“Father”) appeals the termination of his rights to his minor daughter, Rebekah R.W. (DOB: Oct. 7, 2005) (“the Child”). The petition to terminate was filed by Arlin H. and Emma H. (collectively “the Grandparents”), the Child’s maternal grandparents, who were the Child’s temporary custodians. At the time of the bench trial, Father was serving an effective 40-year prison sentence pursuant to two convictions for attempted murder and a conviction for attempted aggravated arson. The court terminated Father’s rights based upon the ground that Father was incarcerated under a sentence of ten or more years while the Child was under eight years of age, and its finding that termination was in the best interest of the Child. Father appeals the trial court’s best interest determination. Finding no error, we affirm the judgment.