IN RE LYNX C. - Articles

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Posted by: Landry Butler on Dec 20, 2016

Court: TN Court of Appeals

Attorneys 1:

Mary L. Ward, Knoxville, Tennessee, for the appellant, Chivas K.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, and M. Cameron Himes, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge(s): MCBRAYER

This appeal involves the termination of a mother’s parental rights. The Tennessee Department of Children’s Services (“DCS”) removed the child at issue from the mother’s home prior to his first birthday. Four months later, DCS filed a petition to terminate the mother’s parental rights. The juvenile court found clear and convincing evidence of two grounds for termination and that termination of the mother’s parental rights was in the child’s best interest. We, however, conclude that DCS did not prove by clear and convincing evidence that the mother abandoned the child by willful failure to support. Because the record contains clear and convincing evidence of the remaining ground — abandonment by willful failure to visit — and that termination was in the best interest of the child, we affirm.