In Re Brookelyn W.

Case Number
W2014-00850-COA-R3-PT

In this termination of parental rights case, mother and step-father appeal the trial court’s decision to set aside a decree of adoption entered by default, as well as the trial court’s subsequent finding that they failed to prove grounds for the termination of biological father’s parental rights. We affirm the trial court’s decision to set aside the adoption decree, but reverse the trial court’s determination that mother and step-father failed to prove grounds for termination. Instead, we conclude that clear and convincing evidence exists to show that biological father abandoned the child by willfully failing to visit and support the child. As such, we remand to the trial court for a determination of whether termination is in the child’s best interest.

Authoring Judge
Presiding Judge J. Steven Stafford
Originating Judge
Chancellor Walter L. Evans
Case Name
In Re Brookelyn W.
Date Filed
Dissent or Concur
No
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