IN RE KAIDEN T. - Articles

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Posted by: Tanja Trezise on Dec 16, 2014

Court: TN Court of Appeals

Attorneys 1:

Andrea McLerran Ayers, Livingston, Tennessee, for the appellant, Nicole W.

Attorneys 2:

Michael Savage, Livingston, Tennessee, for the appellees, Brandon and Valerie T.

Judge(s): CLEMENT

Mother appeals the termination of her parental rights contending the evidence was insufficient to prove any ground or that it was in the child’s best interest to terminate her parental rights. The trial court found that the petitioners, the father and step-mother, proved two grounds of abandonment, failure to support and failure to visit the child, pursuant to Tenn. Code Ann. § 36-1-102(1)(A)(i), and that termination of Mother’s rights was in the best interest of the child, pursuant to Tenn. Code Ann. §§ 36-1-113(c)(2) and (i). We have determined the evidence is sufficient to prove both grounds of abandonment; therefore, we affirm the trial court’s findings on both of these issues. However, we must remand the issue of the child’s best interest, due to the lack of specific findings of fact as mandated by Tenn. Code Ann. § 36-1-113(k). Therefore, we reverse and remand with instructions for the trial court to provide specific findings of fact concerning whether termination of Mother’s parental rights is in the best interest of the child and to enter judgment consistent with its findings.

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