In Re: Angela T., Ekene T., and Ember T. - Concurring in Part and Partial Dissent (Dissenting)
Annotate this CaseCourt Description: Authoring Judge: Judge Holly M. Kirby
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IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 18, 2012 Session IN RE: ANGELA T., EKENE T., and EMBER T. Direct Appeal from the Chancery Court for Madison County No. 56951 William C. Cole, Chancellor by Designation No. W2011-01588-COA-R3-PT - Filed February 23, 2012 CONCURRING IN PART AND PARTIAL DISSENT ___________________________________ HOLLY M. KIRBY, JUDGE, CONCURRING IN PART AND PARTIAL DISSENT: I concur fully in the majority s finding that Father abandoned his children by willful failure to visit them. I must reluctantly dissent from the majority s finding that Father s child support payments during the pivotal four-month period amounted to abandonment by willful failure to support. The trial court viewed Father s testimony and considered his payment history during the four-month period, and found no willful intent to abandon. While Father clearly had the means to pay his full child support obligation, in view of the trial court s finding and the evidence on his payments, I must respectfully disagree that the record shows by clear and convincing evidence abandonment by failure to support. Therefore, I concur in part and dissent in part. _______________________________________ HOLLY M. KIRBY, JUDGE
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