IN RE LANDON H. - Articles

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Posted by: Chandra Williams on Feb 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Judy A. Oxford, Franklin, Tennessee, for the appellant, Nicholas H.

Attorneys 2:

Cara E. Lynn, Columbia, Tennessee, for the appellee, Amanda A. S. Jason Whatley, Columbia, Tennessee, for the appellee, Judy D.

Judge(s): MCBRYAER

This case began as a petition for dependency and neglect filed in juvenile court by the child?s grandmother. The child?s father filed his own petition seeking custody. The juvenile court found the child to be dependent and neglected and awarded custody to the father. Upon appeal to circuit court, mother stipulated the child was dependent and neglected as of the date the petition was filed. The circuit court accepted the stipulation and found the child dependent and neglected on the date of the petition. After a five-day hearing on the proper disposition of the child, the circuit court awarded custody jointly to the child?s mother and grandmother, with certain conditions. The father appeals the circuit court?s decision, arguing thecourterredinawardingcustodytothemotherandthegrandmother. Becausethecircuit court failed to determine whether the child was dependent and neglected as of the date of the de novo hearing, we vacate the circuit court?s order and remand for a new hearing.