IN RE ASHTON B. - Articles

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Posted by: Amelia Ferrell Knisely on Mar 15, 2016

Court: TN Court of Appeals

Attorneys 1:

Kevin W. Weaver, Cordova, Tennessee, for the appellant, Bethany Christian Services of West Tennessee, Inc.

Attorneys 2:

P. Craig Grinstead, Memphis, Tennessee, for the appellee, Earl W.

Judge(s): STAFFORD

Petitioner adoption service filed a petition to terminate Father?s parental rights, alleging several grounds under Tennessee Code Annotated Section 36-1-113(g)(9)(A) and abandonment pursuant to Tennessee Code Annotated Section 36-1-113(g)(1). The trial court denied the petition, finding no grounds to support termination. Based upon the Tennessee Supreme Court?s holding in In re Bernard T., 319 S.W.3d 586 (Tenn. 2010), that the grounds contained within Section 36-1-113(g)(9)(A) cannot apply to putative biological fathers, we affirm the trial court?s denial of termination on those grounds. We also affirm the trial court?s finding that Petitioner failed to prove abandonment pursuant to Tennessee Code Annotated Section 36-1-113(g)(1) by clear and convincing evidence.