Terminating Parent’s Rights Case: Parental Rights Termination Refusal by Trial Judge. Later Overturned by the Court of Appeals.

Re Ella H., No. M2020-00639-COA-PT

On January 13, 2021, my clients received a moral and legal victory.  When the Court of Appeals overturned the parental rights termination refusal at trial. Before this, a judge shockingly ruled in favor of an absentee father. Below is a narrative about my Terminating Parent’s Rights Case.

I took this case in July 2018, intending to terminate the biological father’s parental rights.  I thought it was a solid case.  The reason I believe this is the biological father had not established paternity and never paid more than token support for the child.  Further, he had not contacted the mother to see the child since she was seventeen months old.  When the case began, she was three years old.

Seeking Family Stability for a Child

We had hoped to settle this situation out of court.  In an attempt to do so, the child’s stepfather called the biological father, asking him to sign the termination petition.  He explained how the Petition would end his obligation to support the child.  Then, he asked if he would sign it.  After taking a few days to think about it, the child’s biological father said he would not sign the Petition.  At this point, the child did not know her biological father and considered her stepfather to be her dad.

Furthermore, my clients also had a son; the four were a family unit.  Advised by me, my clients filed for an involuntary termination of the biological father’s parental rights.  I thought this Termination of Parent’s Rights Case would result in termination. 

The Surprising Trial Court Ruling

The trial, in December 2019, went very well.  And I had proven the child’s abandonment.  Additionally, the biological father did admit the child would not know him if she saw him. And he agreed she would not know him as her father.  He also admitted to not visiting or paying support for his other daughter.  A child who is practically the same age as this child.

Finally, the trial court issued its written final order eight days later.  To my absolute shock, the court refused to terminate the biological father’s parental rights.  The judge said abandonment had occurred, but it was not in the child’s best interests to terminate a father’s rights. Then, he ordered the paternal aunt to be allowed back into the child’s life.  Therefore, stating, “The Court concludes by reminding all parties that the more people in a child’s life who will love them, the better off they will be.”  The Court did not agree to terminate the biological father’s rights.  The court blamed the mother and stepfather for not encouraging the father to be more involved with his daughter.

The Interest of the Child?

During the termination process, paternity had been established through DNA testing.  Therefore, the judge ordered mediation.   He gave the parties ninety days to set up a visitation schedule and child support. My clients decided to appeal, so I submitted a Stay in response to the visitation requirement. The trial court denied it and imposed a visitation schedule.

The Court of Appeals stated the following:

The Court failed to provide instruction on how to introduce visitation to the now five-year-old girl.  And without instruction, visitation began, although this child’s biological father was a stranger to her.  The Court ordered six four-hour visits every other Saturday, eventually followed by every other weekend.  To the father’s credit, he did not tell the child he was her biological father. She thought she was going to a babysitter’s house.  Finally, on January 13, 2021, the case turned around.  And my clients won their appeal. As the Court of Appeals reversed the trial court’s findings, determining the termination was in the child’s best interest. The biological father’s rights were terminated.

From our review of the entire record, the trial court failed the child. This father’s indifference to his obligation as a parent is further evidenced by his testimony concerning his relationship with his other child.  At trial, this father admitted to not supporting either of his children.  Furthermore, it is clear to this court the father has no proven desire to parent any child.

Conversely, the child is well-settled in her Mother’s and Stepfather’s home.  By all accounts, Stepfather has assumed the role of father.  He has provided for the child’s emotional and material needs.  Mother testified she would consent to Stepfather adopting the child, and stepfather testified he intends to adopt her.  To delay the termination of the father’s parental rights would further deprive the child of the permanency and stability she deserves.  Accordingly, we reverse the trial court’s finding of terminating this father’s parental rights.  The father maintaining these rights is not in the child’s best interest.  We remand the case to the trial court with instruction to enter an order terminating the Father’s parental rights.   Allowing that the adoption may proceed at the earliest date.

Terminating Parent’s Rights Case Conclusion

The Court issued a Memorandum Opinion, meaning it cannot be citable as a precedent. How did I address the appeal in court?  When the trial court did not terminate, I read case law on overturning best interests.  I could not find anything that was on point. However, several opinions did emphasize the lack of a meaningful relationship between the child and the biological parent, stating that it is often the most critical factor in finding termination.  And it is most valuable to rule in the child’s best interests.

I knew the trial court got this one wrong, and I was glad to have the opportunity to fight for my clients.  Even though precedence was not set, I invite you to consider this case if you have a similar situation.  Hopefully, this Terminating Parent’s Rights Case will encourage you to file your appeal, knowing the Court of Appeals has shown it is willing to right the wrong committed by the trial court.

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