Parental Rights and Custody Appeals Case
Memphis Germantown Family Law Lawyer
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Daniel L. Smith
In Re: Jayden G.
In this termination of parental rights case, Mother appeals not only the trial court’s findings of severe child abuse and persistent conditions as the grounds for termination, but also the trial court’s conclusion that termination was in the child’s best interest. We affirm the trial court’s finding of severe abuse, but reverse the trial court’s finding that clear and convincing evidence exists to prove the persistence of conditions. We also affirm the trial court’s finding that termination is in the child’s best interest, and therefore, affirm the termination of the Mother’s parental rights.
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Termination of Parental Rights and Custody
Background: Modification of Permanent Parenting Plan CasesModification of a Permanent Parenting Plan (PPP) and / or changes in Parental Rights or Custody is usually a far more complicated case than the initial custody determination. A PPP can be modified by agreement of both parents. If the other parent will not agree to modify the residential schedule, the court can modify the PPP if there has been a material change of circumstances and the modification is in the best interest of the minor children. Before the court will modify an existing PPP, Tennessee law requires that you and the other parent go to mediation. If the court finds that there has been a material change of circumstance and that the change directly affects the best interests of the minor child, the court is required to modify the PPP in such a way as to maximize the best interest of the minor children. Click here to see more child custody information.
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