IN RE ADOPTION OF JOSHUA M. M. AND ZACHARY M. - Articles

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Posted by: Tanja Trezise on Jul 29, 2014

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

Katie B. Klinghard, Clarksville, Tennessee, for the Respondent/Appellants, Kelly M. and Matthew M.

Attorneys 2:

Sharon T. Massey, Clarksville, Tennessee, for the Petitioner/Appellees, Tracy K. and Karen K.

Judge(s): KIRBY

The appeal involves a petition for termination of parental rights and adoption. The children at issue were removed from their parents’ Wisconsin home in 2005 based on abuse and neglect. Since 2006, the children have been living with the petitioners, the paternal aunt and her husband. The petitioners filed the instant petition in Tennessee to terminate the parental rights of both the mother and the father and to adopt the children. After a trial, the trial court held that the petitioners had established three grounds for termination: (1) abandonment for failure to visit, (2) abandonment for failure to support, and (3) persistent conditions. It also found that termination of parental rights would be in the children’s best interest, and so terminated the parental rights of both biological parents. The parents now appeal. Discerning no error, we affirm.