IN RE MALINA W., ET AL. - Articles

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Posted by: Chandra Williams on Sep 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Richard Boehms, Centerville, Tennessee, for the appellant, Brandon W.

Attorneys 2:

Gene Hallworth, Columbia, Tennessee, for the appellees, Angela and Clay M.

Judge(s): BENNETT

In this termination of parental rights case, the father appeals the trial court’s termination of his parental rights to his two daughters on the grounds of abandonment by failure to visit and support the children in the four consecutive months preceding his incarceration and conduct prior to his incarceration that exhibited a wanton disregard for the welfare of the children. The father also asserts the court erred in finding that termination was in the children’s best interest. We fail to find clear and convincing evidence to support the trial court’s conclusion that the father abandoned the children by failing to visit or support them in the four months preceding his incarceration; however, we affirm the trial court’s finding that father engaged in conduct prior to his incarceration that exhibited a wanton disregard for the welfare of the children. Likewise, we affirm the court’s best interest determination. The trial court’s finding that father’s parental rights should be terminated is affirmed.

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