In Re Emaire E.

Case Number
E2022-01015-COA-R3-PT

In this termination of parental rights case, Appellants, Mother and stepfather, filed a
petition to terminate Appellee Father’s parental rights on the grounds of abandonment by
failure to support and failure to visit. Father asserted the absence of willfulness as an
affirmative defense. At the close of proof on grounds, the trial court orally found that
abandonment by failure to support was not shown, but abandonment by failure to visit was
proven. At the close of all proof, the trial court reconsidered its oral ruling on grounds and
determined that Father’s failure to visit was not willful. In its written order, the trial court
found that grounds for termination had not been proven and that, even if grounds existed,
termination of Father’s parental rights was not in the child’s best interest. Discerning no
error, we affirm.

Authoring Judge
Judge Kenny Armstrong
Originating Judge
Judge Gregory S. McMillan
Date Filed
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