In Re Maddox F.

Case Number
M2020-00241-COA-R3-PT

This appeal involves the termination of a father’s parental rights. The Trial Court conducted a trial and entered an order finding that the statutory ground of abandonment existed for termination of the father’s parental rights and that termination was in the child’s best interest. Because a court reporter was not present, the Trial Court approved a statement of the evidence for purposes of appeal. We determine that the Trial Court failed to make sufficient findings of fact relevant to the statutory grounds of abandonment by failure to visit the child and failure to provide financial support for the child that were in effect at the time of the 2017 termination petition, as required by Tennessee Code Annotated § 36-1-113(k), and that the statement of the evidence approved by the Trial Court is insufficient for us to review the termination on appeal. Therefore, we vacate the Trial Court’s judgment terminating the father’s parental rights. We remand for the Trial Court to enter an order with sufficient findings of fact and conclusions of law on each of the statutory grounds for the termination of the father’s parental rights and the best interest analysis. If there is a subsequent appeal of that order, the Trial Court shall develop a more detailed statement of the evidence reflecting a complete account of the testimony and evidence presented during trial. If a detailed statement of the evidence is not possible, the Trial Court shall conduct additional proceedings as necessary to prepare a sufficient record for appeal, including a new trial if necessary. 

Authoring Judge
Chief Judge D. Michael Swiney
Originating Judge
Chancellor Laurence M. McMillan, Jr.
Case Name
In Re Maddox F.
Date Filed
Dissent or Concur
No
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