IN RE F.N.M. - Articles

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Posted by: Amelia Ferrell Knisely on Apr 13, 2016

Head Comment: With W. NEAL MCBRAYER, J., dissenting.

Court: TN Court of Appeals

Attorneys 1:

Marianna Williams and Richard J. Schoepke, Dyersburg, Tennessee, for the appellant, W.C.G.

Attorneys 2:

Imogene W. Bolin, Smyrna, Tennessee, and Mark J. Downton, Nashville, Tennessee, for the appellees, S.L.D. and B.W.D.

 Robert H. Plummer, III, Franklin, Tennessee, guardian ad litem for F.N.M.

Judge(s): SUSANO

This is a termination of parental rights case. F.N.M. (the child) was born out of wedlock while her biological father, W.C.G. (father), was incarcerated. Shortly after the child?s birth, A.M.M. (mother) gave the child?s physical custody to individuals, who would later choose to be the prospective adoptive parents. Soon thereafter, mother surrendered her parental rights to the child. The prospective adoptive parents filed a petition for adoption and termination of father?s parental rights. Father opposed the adoption and filed a petition to establish paternity. After a hearing, the trial court found father to be the child?s biological parent; but it also found that there is clear and convincing evidence supporting termination of his parental rights. Furthermore, the court found, by clear and convincing evidence, that termination is in the child?s best interest. Father appeals. We modify the trial court?s judgment. As modified, the judgment terminating father?s rights is affirmed.