In re Liam M.

Summary

The Tennessee Court of Appeals affirmed a circuit court decision declining to terminate a mother’s parental rights, despite finding clear and convincing evidence of abandonment by failure to support and severe child abuse. The court held that the petitioners failed to prove by clear and convincing evidence that termination was in the child’s best interest. The appeal also involved the mother’s request for attorney’s fees based on an allegedly frivolous appeal.

Holdings

1. The petitioners proved by clear and convincing evidence that Mother abandoned the child by failing to make reasonable support payments during the statutory period and failed to prove the affirmative defense that her failure was not willful.
2. The petitioners proved by clear and convincing evidence that Mother committed severe child abuse within the meaning of the termination statute.
3. The petitioners failed to prove by clear and convincing evidence that termination of Mother's parental rights was in the child's best interest.
4. Mother was not awarded appellate attorney's fees because the court exercised its discretion to decline a frivolous-appeal award.

Questions Presented

1. Whether the circuit court erred in determining that termination of Mother's parental rights was not in Liam's best interest.
2. Whether Mother was entitled to an award of appellate attorney's fees because the petitioners' appeal was frivolous.

Disposition

affirmed