Mom’s Parental Rights Terminated & Custody to Great Aunt & Great Grandmother

Tennessee law case summary on custody taken by relatives (here great-aunt and great-grandmother) in Tennessee divorce and family law from the Tennessee Court of Appeals.

In re Mariah K.D.

This was a petition by a great-aunt and great-grandmother for custody of an eight month old girl, Mariah.  When Mariah was five months old, her mother, Jennifer D., signed an agreement giving custody to Ramona D. (Jennifer’s paternal grandmother) and Margie D (Jennifer’s aunt) for one year.  A few weeks later, Jennifer came and picked up Mariah and told her aunt and grandmother that she didn’t want to abide by the agreement any longer.  Nonetheless, the aunt and grandmother continued to care for Mariah, and took her to all of her doctor appointments.  The alleged that Jennifer didn’t properly care for Mariah, that she used illegal drugs, and that she failed to maintain a stable home.

Mariah suffered from multiple medical problems, including hydrocephalus, severe asthma, and a congenital heart condition.

The grandmother and aunt filed a petition in the juvenile court for custody of Mariah.  Jennifer failed to attend a number of scheduled court hearings.  The court found that Mariah was dependent and neglected, and that Jennifer hadn’t demonstrated that she was a competent parent.  The juvenile court then entered an order giving custody to the grandmother and aunt.

A few months later, the aunt and grandmother brought a petition in Chancery Court in Lincoln County for termination of Jennifer’s parental rights, and for adoption.  As grounds for this petition, they alleged abandonment, since Jennifer had failed to visit or provide any support.  The also alleged that the conditions that led to Mariah’s removal had persisted, and that it would be unsafe for her to return to her mother.

The Chancery Court appointed an attorney to represent Jennifer.  Through her new attorney, Jennifer alleged that the aunt and grandmother had tried to prevent her from visiting Mariah.

The aunt was 58 years old and earned $1000 per month as a custodian in a junior high school.  She also had savings.  The grandmother was 81 years old and received a social security check.  When the aunt was at work, the grandmother babysat Mariah.  Other witnesses testified to the general good health of both the aunt and grandmother.

Jennifer (Mariah’s mother) had dropped out of school in the eleventh grade, and had been in trouble as a youth for stealing her mother’s credit cards and using drugs.  She had mostly lived with friends and relatives, frequently moving from one to another.  She had experienced long periods of unemployment.  At the time of trial, she was living in a trailer with her brother.  She had been in jail four times during the time the case was pending.

The mother and grandmother called Sandra Spies as an expert witness.  Ms. Spies was a licensed social worker.  She interviewed the aunt and grandmother and observed their interaction with Mariah.  She believed that the aunt and grandmother interacted appropriately, and that Mariah was comfortable in their presence.  She also testified that stability was especially important to children with hydrocephalus, such as Mariah.

The Chancery Court found that both grounds for termination had been proven, and that it was in Mariah’s best interest to terminate Jennifer’s parental rights.  The Chancery Court granted full guardianship to the aunt.

The Court of Appeals disagreed that there was abandonment due to lack of visitation.  The Court of Appeals pointed to some instances when Jennifer had visited her daughter, and concluded that they were more than mere token visitations.

The Court of Appeals also concluded that the aunt and grandmother had not proven lack of support by clear and convincing evidence.  The Court pointed out some instances in which Jennifer had attempted to provide support, despite her very minimal income.

The Court of Appeals did affirm, however, because it found that the conditions that led to the removal of custody had persisted.  Jennifer hadn’t managed to hold any job and had remained unemployed most of the time.  While Jennifer had enrolled in G.E.D. classes, she had only attended a single class.  She had no place to live other than at the sufferance of her brother, and she had been arrested numerous times.

Finally, the Court of Appeals concluded that the termination of parental rights was in Mariah’s best interests.  Accordingly, the Court of Appeals affirmed the judgment of the Chancery Court.

In re Mariah K.D., No. M2011-02655-COA-R3-PT (Tenn. Ct. App., July 20, 2012).

See original opinion for exact language.  Legal citations omitted.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues.  A Memphis family law attorney from the Miles Mason Family Law Group can help with Tennessee custody and parenting issues. Contact an attorney today at (901) 683-1850.