In Re Evella S. Et Al.

Case Number
M2019-02075-COA-R3-PT

Grandparents sought to terminate the parental rights of a mother and a father to their two children on the statutory ground of abandonment. The trial court found clear and convincing evidence that Mother had abandoned the children by failure to visit or support them during the four months preceding the filing of the termination petition. The court also found clear and convincing evidence that Father had abandoned the children by exhibiting wanton disregard for their welfare. And the court ruled that termination of both parents’ rights was in the children’s best interest. Because Mother proved that her failure to visit was not willful and her support under the circumstances was not “token,” we reverse the termination of Mother’s parental rights. But the record contains clear and convincing evidence that Father abandoned the children by exhibiting wanton disregard for their welfare and that termination is in the children’s best interests. So we affirm the termination of Father’s parental rights.    

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Larry B. Stanley, Jr.
Case Name
In Re Evella S. Et Al.
Date Filed
Dissent or Concur
No
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