IN RE D.T. ET AL. - Articles

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Posted by: Karen Belcher on May 24, 2018

Court: TN Court of Appeals

Attorneys 1:

Mark Foster, Madisonville, Kentucky, for the appellant, N.D.

Attorneys 2:

Sharon Dawn Coppock, Strawberry Plains, Tennessee, for the appellees, P.T. and K.T.

Judge(s): SUSANO

In this termination of parental rights case, P.T. and K.T., great aunt and uncle of the child at issue in this case, filed a petition to terminate the rights of N.D. (mother) with respect to her child, D.T. Mother did not appear for trial. She had previously filed a second request for a continuance, which the trial court had denied. At trial, P.T. and K.T. alleged the following grounds for termination: (1) four independent conditions or occurrences constituting severe child abuse; (2) mental incompetence; (3) two separate instances of abandonment by failure to support; (4) two separate instances of abandonment by failure to visit; and (5) failure to assume by act or omission, legal/physical custody or financial responsibility of the child. The court found clear and convincing evidence of all ten grounds. By the same quantum of proof, the court also found that termination is in the child’s best interest. Mother appeals. We affirm.