In Re Johnathan M. Et. Al.

In Re Johnathan M. Et. Al.

Mother appeals the termination of her parental rights. The trial court found the petitioners proved two grounds for termination, “abandonment by an incarcerated parent and exhibition of wanton disregard for the welfare of the children, prior to and during incarceration, pursuant to Tenn. Code Ann. § 36-1-102.” We conclude the record contains insufficient evidence to establish that Mother failed to visit or support the children for four consecutive months immediately preceding her incarceration. However, we affirm the trial court’s determination that Mother engaged in conduct prior to incarceration that exhibited a wanton disregard for the children’s welfare. Nonetheless, we have determined that the petitioners failed to prove by clear and convincing evidence that termination of Mother’s parental rights is in the children’s best interests. Accordingly, we vacate the judgment of the trial court to terminate Mother’s parental rights.

Authoring Judge: 
Presiding Judge Frank G. Clement, Jr.
Originating Judge: 
Judge Clara W. Byrd
Date Filed: 
Tuesday, January 8, 2019