IN RE: ZOEY F. - Articles

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Posted by: Tanja Trezise on May 30, 2014

Court: TN Court of Appeals

Attorneys 1:

David C. Veazey, Chattanooga, Tennessee, for the appellant, Johonauan J. R.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and, Martha A. Campbell, Deputy Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge(s): SWINEY

The Juvenile Court for Hamilton County (“the Juvenile Court”) terminated the parental rights of Johonauan J. R. (“Father”) to the minor child Zoey F. (“the Child”) on the grounds of willful failure to visit, wanton disregard for the welfare of the child, and substantial noncompliance with the statement of responsibilities in the permanency plan. Father appeals the termination of his parental rights. As there is uncertainty regarding the time frame relied upon by the Juvenile Court for the ground of willful failure to visit, we modify the Juvenile Court’s judgment to exclude the ground of willful failure to visit. Otherwise, we find and hold that the evidence does not preponderate against the Juvenile Court’s finding by clear and convincing evidence that grounds existed to terminate Father’s parental rights and that the termination of Father’s parental rights was in the Child’s best interest. We affirm the termination of Father’s parental rights to the Child.