IN RE ALEXIS B. - Articles

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Posted by: Brittany Sims on Apr 14, 2015

Court: TN Court of Appeals

Attorneys 1:

John R. Williams, Crossville, Tennessee, for the appellant, Katie R.

Jonathan R. Hamby, Crossville, Tennessee, for the appellees, Johnny B. and Deborah B.

Attorneys 2:

Sherrill Beard, Crossville, Tennessee, Guardian Ad Litem.

Judge(s): FRIERSON

This is a termination of parental rights case, focusing on Alexis B., the minor child (“the Child”) of Katie R. (“Mother”) and Johnny R.B. (“Father”). On August 26, 2013, the Child?s paternal grandparents, Johnny B. and Deborah B. (“Grandparents”), filed a petition to terminate the parental rights of both parents and adopt the Child. Father subsequently agreed to surrender his parental rights to the Child, and he is not a party to this appeal. Following a bench trial, the trial court found that grounds existed to terminate the parental rights of Mother upon its finding, by clear and convincing evidence, that Mother had abandoned the Child by willfully failing to provide financial support and willfully failing to visit the Child in the four months preceding the filing of the petition. The court further found, by clear and convincing evidence, that termination of Mother?s parental rights was in the Child?s best interest. Mother has appealed. Having concluded that the evidence preponderates against a finding that Mother had the ability to financially support the Child during the determinative period, we reverse the trial court?s finding that Mother abandoned the Child by willfully failing to provide support. We affirm the trial court?s judgment in all other respects, including the termination of Mother?s parental rights.

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