IN RE EMILIE A. M. - Articles

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Posted by: Tanja Trezise on Sep 17, 2012

Court: TN Court of Appeals

Attorneys 1:

Richard L. Elliston, Cleveland, Tennessee, for the appellant, Christopher M.

Attorneys 2:

Philip M. Jacobs, Cleveland, Tennessee, for the appellees, Lisa C. and Michael C.

Sarah E. McKinney-Coleman, Cleveland, Tennessee, guardian ad litem for the minor, Emilie A. M.

Judge(s): MCCLARTY

This is a termination of parental rights case in which Lisa C. and Michael C. filed a petition to terminate the parental rights of Christopher M. to his child. The paternal grandparents filed an intervening petition to adopt the child. The trial court terminated Christopher M.’s parental rights and granted Lisa C. and Michael C.’s petition to adopt the child. Christopher M. appeals the termination of his parental rights. Following our review, we conclude that the court erred in relying upon Tennessee Code Annotated section 36-1-113(g)(3) in terminating Father’s parental rights and reverse that ground of termination. Additionally, we are unable to review the remainder of the court’s decision because the final order failed to set forth findings of fact as required by section 36-1-113(k) in support of its second ground of termination. Accordingly, we reverse the termination of Father’s parental rights based upon section 36-1-113(g)(3) and vacate the remainder of the final order. The case is remanded for entry of an order that sets forth sufficient findings of fact and conclusions of law regarding the termination of Christopher M.’s parental rights.