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View Full Version : ?'s about TPR in Tenn.


OpenEyes
05-14-2006, 07:46 PM
!!!!!!!!!!

ceara
05-15-2006, 03:28 AM
I was wondering about tpr in Tn. I have been doing some research on it and was just wanting some opinions and maybe a percentage chance that it might actually happen. (1%-100%)
Bio parent has been in and out of childs life the last 7 years. Has never paid child support and has also been in and out of incarceration. They have only participated in token visits. Have not followed thru with the court order which was over 7 yrs ago when my spouse gained full custody. Bo parent continues to use and sell drugs. Is currently incarcerated on a 10 year sentance. I have raised the child since my spouse and I have been together, over 8 years. I am wanting to adopt the child in ? at the same time. Can anyone please give me advise and/or what my chances in court will be if the bio contests it?
Each and every judge looks at this matter in different ways. It is impossible to even hazard a guess at what your chances are.

mommyof4
05-16-2006, 06:01 AM
Ceara, even with all the documentation, the jail time which out of the last 7 years, bio parent has spent 3 and a half in jail. drug, theft, violation charges, etc. can you not get them for abandonment? or failure to maintain contact or failure to support. I know that there are specific guidelines that they use and according to the law, then the bio parent should have their rights terminated.
The parent in question could have met every requirement in the book to warrant tpr, but the judge makes the final decision. You have a better foundation than most to ask for tpr, but there is NO way any of us can predict what a judge will do. This is different than laying out exactly how child support orders or filing for custody/visitation will go. It is a very subjective area, and like it or not, depends ALOT on the judge's personal opinion and philosophy. Good luck.

ceara
05-16-2006, 06:42 AM
Ceara, even with all the documentation, the jail time which out of the last 7 years, bio parent has spent 3 and a half in jail. drug, theft, violation charges, etc. can you not get them for abandonment? or failure to maintain contact or failure to support. I know that there are specific guidelines that they use and according to the law, then the bio parent should have their rights terminated.

Even with all of these things, unless the parent has actually cause physical harm to the child, there's just no way of knowing. One thing that is working against you is the fact that courts are less likely to terminate a mother's rights then they are a father's.

The best way to try and determine if it is worth persuing right now is to make an appointment with a local attorney that specializes in Family Law. Most of them will meet for a consultation with little to no cost. They will know how the judge in your county normally handles these cases.

ceara
05-16-2006, 04:48 PM
Let me ask this then. What if we go to court and the judge says no he/she will not terminate the rights of the bio parent. Can I appeal that decision?

Only if there is a mistake of law made. Since TPR's are mostly subjective, the judge would have to obviously give a ruling that is against public policy, which is impossible based on the information you have given.

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