TN Dad’s Parental Rights Terminated Due to No Visitation or Support

Tennessee law case summary on parental rights termination in divorce and family law from the Court of Appeals.

In re Mark A.L. – Tennessee parental rights termination for non-support

The unmarried father and mother were living together in Georgia in 2006 when their son was born.  They separated in 2008, and the mother moved to Manchester, Tennessee.  At that time, the custody of the child was given to the paternal grandmother, who lived across the street from the father in Georgia.  In 2009, the mother married another man, and gained exclusive legal custody from the juvenile court in Georgia.

The mother filed a petition for termination of the father’s parental rights in 2012.  The father admitted that he had not paid child support for four months prior to that petition.  He stated that he was saving money to pay his attorney to file a visitation petition.  However, that testimony was contradicted.  He also admitted that he did not pay support in 2009, 2010, or 2012, despite being employed.  He did make a few payments of $50 in 2011 or 2012.

After the child moved to Tennessee, the father visited about 8 times.  And in 2009, the child stayed in Georgia for a few weeks in the summer and stayed at the grandmother’s house.  He also stayed in Georgia during winter break in 2010.

The trial court concluded that the mother and stepfather were entitled to terminate the father’s parental rights based upon abandonment, willful failure to support, and willful failure to visit.  The trial court found that the mother and stepfather could provide a stable environment and that they had a positive relationship with the child.  The father appealed to the Tennessee Court of Appeals.  He argued that the evidence did not support a finding of abandonment, and that the termination was not in the child’s best interests.

The court of Appeals noted that to terminate parental rights, the court must determine by clear and convincing evidence that one of the statutory grounds for termination had been met.  On appeal, there is a presumption of correctness, unless the evidence preponderates against the trial court’s findings.

The Court of Appeals first held that there was clear and convincing evidence of abandonment.  Both the willful failure to visit for four months and the failure to pay support during that time were sufficient to show abandonment.  On the question of support, the father had offered some evidence that he had sent clothing.  But the trial court found this evidence not to be credible, and the Court of Appeals did not disturb this finding.  The Court of Appeals also noted that there was no documentation for this claim.  There was evidence of a few small gifts, but the court dismissed these as mere token support.

The Court of Appeals also found that the failure to visit was also supported by the evidence.  The Court found that the father did not actively or continually try to maintain a relationship with the child.  Also, there was no evidence that the mother tried to deny his right to visit.  For these reasons, the court found that the test for abandonment had been met.

Therefore, it moved on to consider whether termination was in the child’s best interest, and concluded that it was.  The mother and stepfather provided a nurturing home, and the stepfather had financially supported the child.  The court also noted that the stepfather was involved in the child’s church, sports, and school activities, and the child called him “Daddy.”

For these reasons, the Court of Appeals affirmed the trial court, and assessed the costs of appeal against the father.

No. M2013-00737-COA-R3-PT (Tenn. Ct. App. Oct 4, 2013).

See original opinion for exact language.  Legal citations omitted.

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