In re Trenton W.
M2015-01223-COA-R3-PT
| Tenn. Ct. App. | May 31, 2016Background
- Child Trenton born June 2008 tested positive for opiates and THC; Mother tested positive during pregnancy and was restricted from unsupervised contact.
- Paternal grandparents (Scott and Jennifer W.) obtained juvenile-court custody in December 2008 after a dependency and neglect finding; Mother retained limited parenting time.
- Mother (Lindsey B.) had repeated substance abuse issues and numerous incarcerations as an adult (575 days in jail between ages 18–23); she was incarcerated in 2013 when grandparents filed to terminate parental rights and seek adoption.
- Grandparents petitioned (Oct. 2013) to terminate both parents’ rights based on abandonment (failure to visit/support), wanton disregard, and related grounds; Father’s rights were terminated separately by default.
- Trial court (June 8, 2015) found by clear and convincing evidence that Mother abandoned Trenton by willful failure to support and by prior conduct showing wanton disregard, and that termination was in the child’s best interest; Mother appealed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Grandparents) | Held |
|---|---|---|---|
| Whether Mother abandoned the child under Tenn. Code Ann. § 36-1-102(1)(A)(iv) by willful failure to support during the 4 months before incarceration | Mother: No court-ordered support; contested ability to pay; failure was not willful | Grandparents: Mother knew duty to support, had some income and capacity, but made no attempt to pay | Court: Willful failure to support proven by clear and convincing evidence |
| Whether Mother engaged in pre-incarceration conduct showing wanton disregard for the child’s welfare | Mother: Past problems do not show unfitness; she has improved and is "getting her life together" | Grandparents: Repeated incarcerations, drug use, criminal acts and arrests demonstrate a "me first" attitude and indifference to child’s welfare | Court: Mother’s repeated incarcerations, criminal conduct, and failed drug tests constituted wanton disregard; ground proven |
| Whether termination of parental rights was in the child’s best interest | Mother: Improved conduct and programs in jail; bond with mother should be considered | Grandparents: Child bonded with grandparents after nearly five years in their custody; therapist testified removal would harm child | Court: Termination is in child’s best interest based on bonding, stability with grandparents, therapist testimony, and lack of sufficient parental adjustment |
| Whether appeal was frivolous and warranted attorney fees | Mother: Appeal raises legitimate issues of law and fact | Grandparents: Appeal lacks merit; seek damages | Court: Appeal not frivolous; no fees awarded |
Key Cases Cited
- Stanley v. Illinois, 405 U.S. 645 (1972) (parental custody is constitutionally protected)
- In re Angela E., 303 S.W.3d 240 (Tenn. 2010) (termination standards and parental rights protections)
- In re Valentine, 79 S.W.3d 539 (Tenn. 2002) (statutory grounds and best-interest requirement for termination)
- In re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005) (interpretation of abandonment definitions under Tennessee law)
- Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992) (definition of clear and convincing evidence)
- In re Taylor B.W., 397 S.W.3d 105 (Tenn. 2013) (appellate standard of review for termination findings)
- In re J.C.D., 254 S.W.3d 432 (Tenn. Ct. App. 2007) (review of legal conclusions in termination cases)
- White v. Moody, 171 S.W.3d 187 (Tenn. Ct. App. 2004) (best-interest analysis is child-focused and fact-intensive)
- Davis v. Gulf Ins. Grp., 546 S.W.2d 583 (Tenn. 1977) (standard for awarding damages on frivolous appeal)