The mother of a sixteen month-old girl left the child in the care of the child’s grandparents. The grandparents subsequently filed a dependency and neglect petition, and the court found that the child was dependent and neglected and granted temporary custody to the grandparents. They continued to raise the little girl without any assistance from the mother. Almost eight years later, the mother petitioned the court to restore custody of the child to her. Proceedings in the Juvenile Court followed, with an appeal to the Circuit Court, which determined that the child was dependent and neglected because changing custody to the mother would expose her to a risk of substantial harm. It also found that it was in Hannah’s best interest that custody remain with the grandparents. The appropriate standard for the mother’s request for modification of the order giving temporary custody to non-parents is whether the non-parents demonstrated by clear and convincing evidence the existence of a substantial risk of harm to the child if custody were granted to the parent. Based upon our review of the record, we affirm the trial court.
Case Number
M2011-01557-COA-R3-CV
Originating Judge
Judge J. Mark Rogers
Case Name
In Re: Hannah V. S.
Date Filed
Dissent or Concur
No
Download PDF Version
hannahvsopn.pdf128.25 KB