In Re Landon H.

Case Number
M2011-00737-COA-R3-PT

The trial court terminated Father’s parental rights on the ground that Father abandoned the child by engaging in conduct exhibiting a wanton disregard for the child’s welfare. Father appeals, contending that the pleadings did not allege abandonment by wanton disregard as a ground upon which termination was sought; Father also asserts that the trial court erred in denying his counter-petition for custody. Because we have concluded that the petitioners failed to plead abandonment by wanton disregard as a ground for termination, we vacate the termination of Father’s parental rights on that ground and remand for consideration of whether Father’s parental rights should be terminated based on a ground alleged in the petition or supplemental petition; we affirm the trial court’s denial of Father’s counterpetition for custody.
 

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Judge Phillip E. Smith
Case Name
In Re Landon H.
Date Filed
Dissent or Concur
No
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