Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re A.W.

Court of Appeals of Tennessee, Jackson

January 8, 2020

In re A.W.

          Assigned on Briefs October 1, 2019

          Appeal from the Chancery Court for Rutherford County No. 18-CV-1243 Darrell Scarlett, Chancellor

         In this parental termination case, the petitioners sought termination of the parental rights of mother and the unknown father based upon four statutory grounds, pursuant to Tenn. Code Ann. § 36-1-113(g)(2018). Following a hearing on the petition, the trial court entered an amended order holding that there was clear and convincing evidence sufficient to terminate the parents' rights for abandonment based upon their failure to support and failure to visit the minor child. By the same quantum of proof, the court found that termination is in the child's best interest. The trial court, however, failed to address all of the grounds for termination raised in the petition. The trial court's judgment was not final. Accordingly, this appeal is remanded for further proceedings consistent with this opinion.

         Tenn. R. App. P. 3 Appeal as of Right Appeal Dismissed for Lack of Jurisdiction; Case Remanded

          Whitney H. Raque, Murfreesboro, Tennessee, for the appellant, A.W.

          Rebecca L. Lashbrook, Murfreesboro, Tennessee, for the appellees, T.G. and A.G.

          Ashley Dumat, Murfreesboro, Tennessee, Guardian ad Litem for A.S.W. [1]

          No appearance by or on behalf of unknown father.

          Charles D. Susano, Jr., J., delivered the opinion of the court, in which Andy D. Bennett and Carma Dennis McGee, JJ., joined.

          OPINION

          CHARLES D. SUSANO, JR., JUDGE

         I.

         In January 2016, mother, A.W., visited a church attended by the petitioners, T.G. and A.G. During prayer, mother announced to the congregation that she needed child-care assistance in the evening for her daughter, A.S.W. A.G. operated a child care business in her home. She offered to assist mother with evening child care. Mother placed the child in the care of petitioners; the child has resided with them almost exclusively thereafter.

         On January 31, 2018, A.S.W. was adjudicated dependent and neglected. On July 26, 2018, T.G. and A.G. filed a petition to terminate mother and unknown father's parental rights. Mother has an extensive criminal history, which includes prostitution; mother was engaged in prostitution at the time of the conception of the child; therefore the identity of the father is unknown and deemed unascertainable.

         On July 27, 2018, mother was served with a summons and a copy of the petition while she was incarcerated in Rutherford County. In response, mother sent a letter to counsel for the petitioners acknowledging receipt of the documents. On August 3, 2018, the letter was filed with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.