IN RE: COLTON R. - Articles

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Posted by: Landry Butler on Feb 7, 2017

Court: TN Court of Appeals

Attorneys 1:

Nicholas Black, Maryville, Tennessee, for the appellant, Mark R.

Attorneys 2:

David K. Calfee, Cleveland, Tennessee, for the appellees, Cheryl W. and Michael W.

Judge(s): STAFFORD

This is a termination of parental rights case. Mother and Stepfather filed a petition to terminate the parental rights of Father to the child. The trial court found that the grounds of (1) abandonment for willful failure to visit as defined by Tennessee Code Annotated section 36-1-102(1)(A)(i), (2) abandonment for willful failure to visit by an incarcerated parent as defined by Tennessee Code Annotated section 36-1-102(1)(A)(iv), and (3) abandonment based on conduct demonstrating a wanton disregard for the welfare of the child had been proven by clear and convincing evidence. The trial court also found that termination was in the best interest of the child. Father appeals. We reverse the trial court’s finding of abandonment by willful failure to visit as defined by Tennessee Code Annotated section 36-1-102(1)(A)(i) but affirm the trial court in all other respects.

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