In Re Temperance A.

Case Number
M2023-00641-COA-R3-PT

Mother appeals the termination of her parental rights.  The trial court found four statutory grounds for termination: abandonment by failure to visit, abandonment by failure to support, persistent conditions, and failure to manifest an ability and willingness to assume custody.  The trial court also concluded termination was in the child’s best interest.  Neither the guardian ad litem nor Mother received notice of the trial court’s Order.  Becoming aware of the trial court’s Order more than thirty days after the decision, Mother filed a motion asking the trial court to set aside and then re-enter its final order, seeking to ensure that she could still appeal.  The trial court granted Mother’s motion.  Mother appeals, arguing the trial court erred with regard to each ground of termination that it found and that its conclusion as to the best interest of the child was also in error.  On appeal, Petitioners, paternal grandparents seeking to terminate Mother’s parental rights, argue the trial court erred in setting aside and then re-entering its termination order and, consequently, that this court lacks jurisdiction over Mother’s appeal.  The Petitioners also defend the trial court’s termination decision on the merits.  We conclude this court has jurisdiction over Mother’s appeal, that the trial court did not err in finding that grounds were established for termination, and that the trial court did not err in finding that termination is in the best interest of the child.

Authoring Judge
Judge Jeffrey Usman
Originating Judge
Judge Matthew Joel Wallace
Date Filed
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