IN RE: HANNAH W., ET AL. - Articles

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Posted by: Tanja Trezise on Apr 3, 2014

Court: TN Court of Appeals

Attorneys 1:

Ralph D.M., Harriman, Tennessee, pro se Appellant.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and Ryan L. McGehee, Assistant Attorney General for the appellee, State of Tennessee Department of Children’s Services.

Judge(s): SWINEY

The Juvenile Court terminated the parental rights of Ralph D.M. (“Father”) to the minor twin children Alexis W. and Hannah W. (“the Children”) on the grounds of abandonment by willful failure to visit pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1-102(1)(A)(i), substantial noncompliance with the permanency plan pursuant to Tenn. Code Ann. § 36-1- 113(g)(2), and persistent conditions pursuant to Tenn. Code Ann. § 36-1-113(g)(3). Father appeals the termination of his parental rights asserting that he is neither the biological father nor the legal father of the Children and, therefore, had no parental rights to the Children to be terminated. We find and hold that the evidence does not preponderate against the Juvenile Court’s finding by clear and convincing evidence that Father is the Children’s legal father, that grounds existed to terminate Father’s parental rights, and that the termination of Father’s parental rights was in the Children’s best interest. We affirm the termination of Father’s parental rights to the Children.