In Re: The Adoption of Angela E., 402 S.W.3d 636

Divorced in 2001, father (Ifeatu E.) and mother (Vernessa T.) have three children: Angela, Ekene, Ember.
Prior appellate decision reversed a voluntary termination of Father’s parental rights and remanded for a new hearing on termination petitions.
On remand, the trial court declined to terminate Father, finding no clear and convincing evidence of abandonment.
Court of Appeals majority held Father abandoned by willful failure to visit and willful failure to support.
This Court holds abandonment proven by willful failure to visit but not by willful failure to support; case remanded for best-interests determination on termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether willful failure to visit constitutes abandonment despite a court visitation suspension.	Mother/Stepfather: suspension does not negate willful failure to visit.	Father: visitation was legally suspended, so not willful.	Yes; willful failure to visit proven despite suspension.
Whether Father’s payments prior to termination show willful failure to support.	Payments were token or insufficient given means.	Payments during the four months were substantial; not token.	No; not proven by clear and convincing evidence as willful abandonment.

In re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005) (clarifies willful failure requires capacity, no attempt, and no justifiable excuse)
In re D.L.B., 118 S.W.3d 360 (Tenn. 2003) (token vs. non-token payments and four-month period standard)
In re Adoption of A.M.H., 215 S.W.3d 793 (Tenn. 2007) (defines willful abandonment and standards of review)
In re Valentine, 79 S.W.3d 539 (Tenn. 2002) (establishes clear and convincing evidence standard and best interests analysis)