IN RE: MARIAH K. D. - Articles

All Content

Posted by: Tanja Trezise on Oct 10, 2012

Head Comment: CORRECTION: On first page of opinion, the appellant has been changed from "J.C.B." to "J.M.D."

Court: TN Court of Appeals

Attorneys 1:

Jonathan Caulley Brown, Huntsville, Alabama, for the appellant, J. M. D.

Attorneys 2:

Melissa Thomas, Fayetteville, Tennessee, for the appellee, M.J.D., and R.D.

Judge(s): COTTRELL

The great aunt and the great-grandmother of a little girl obtained an emergency order giving them temporary custody of the child when she was less than eight months old. The child’s mother was informed that she was entitled to appear at a preliminary hearing and an adjudicative hearing on a more permanent custody order, but she failed to appear for those hearings. The trial court found that the child was dependent and neglected, and awarded custody of the child to her two older relatives. They subsequently filed a petition to terminate the parental rights of the mother on the grounds of abandonment and of persistence of conditions. The trial court found that both grounds were proved and granted the petition. We affirm the termination on the ground of persistence of conditions.