IN RE: JOHNNY K. F. - Articles

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Posted by: Tanja Trezise on Aug 29, 2013

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

Jennifer G. Lloyd, Chattanooga, Tennessee, for the appellant, Shawn L. F.

Attorneys 2:

Cara C. Welsh, Chattanooga, Tennessee, for the appellant, Shauna L. F.

Justin G. Woodward, Chattanooga, Tennessee, for the appellees, Johnny F. and Sharon E. F.

Judge(s): SWINEY

Grandparents Johnny F. and Sharon E. F. (“the Petitioners”) filed a petition in the Chancery Court for Hamilton County (“the Trial Court”) seeking to terminate the parental rights of Shawn L. F. (“Father”) and Shauna L. F. (“Mother”) to the minor child Johnny K. F. (“the Child”). After trial, the Trial Court entered an order finding and holding, inter alia, that clear and convincing evidence existed to terminate Father’s and Mother’s parental rights under Tenn. Code Ann. § 36-1-102 (1)(A)(iv) with respect to Father and Tenn. Code Ann. § 37-1- 102 (b)(23) and Tenn. Code Ann. § 36-1-113 (g)(3) with respect to Mother, and that termination was in the best interests of the Child. Father and Mother appeal to this Court. We reverse, in part, and vacate, in part, the judgment of the Trial Court and remand for a new trial.