IN RE LYDIA N.-S. - Articles

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Posted by: Tanja Trezise on Jan 31, 2017

Court: TN Court of Appeals

Attorneys 1:

Matthew J. Crigger, Brentwood, Tennessee, for the appellant, Jorge N.-S.

Attorneys 2:

Jonathan L. Miley, Nashville, Tennessee, for the appellee, Loren A. K. and Dillon D. K.

Judge(s): DINKINS

The minor child at the center of this appeal was born on April 3, 2012, in El Paso, Texas. Mother and child moved to Nashville, Tennessee, three months later. Father subsequently moved to Delaware. While living in Delaware, Father pled guilty to two counts of rape and was sentenced to concurrent twenty-five year sentences beginning June of 2013. Mother married Stepfather in late 2013, and in October 2014, Stepfather and Mother filed a petition to terminate Father?s parental rights and to allow Stepfather to adopt the child. The petition, as amended, alleged abandonment by failure to visit and failure to support, abandonment by failure to visit or support in the four months prior to Father?s incarceration, and Father?s incarceration under a sentence of ten or more years with the child being under eight years of age as grounds for termination. Following a trial at which Father, who was incarcerated, participated by telephone, the court terminated Father?s parental rights on the grounds of abandonment and incarceration under a sentence of ten years or more and upon a finding that termination was in the child?s best interest; the petition for adoption was also granted. Father appeals the termination of his rights, stating that the court erred in denying a motion to continue so he could appear in person and in determining that termination of Father?s parental rights was in the best interest of the minor child. Discerning no reversible error, we affirm the judgment of the trial court as modified.

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