IN RE NATHANIEL D. - Articles

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IN RE NATHANIEL D.

Posted by: Azya Thornton on Sep 19, 2025

Head Comment: FRIERSON concurring in part and dissenting in part

Court: TN Court of Appeals

Attorneys 1: Rick A. Owens, Maryville, Tennessee, for the appellant, Richard L.

Attorneys 2: Cecilia S. Petersen and David L. Valone, Knoxville, Tennessee, for the appellees, Haleigh D. and Zachary D.

Judge(s): SWINEY

This is a parental rights termination case. Nathaniel D. (“the Child”) is the minor child of Haleigh D. (“Mother”) and Richard L. (“Father”). Mother later married Zachary D. (“Stepfather”). Meanwhile, Father sought to be a part of the Child’s life. In an agreed order of paternity, the Juvenile Court for Knox County (“the Juvenile Court”) stated that “any and all issues related to Custody, visitation, and child support are reserved and referred to the Custody Magistrate.” The issue of child support remained unaddressed. Ultimately, Mother and Stepfather (“Petitioners,” collectively) filed a petition in the Chancery Court for Knox County (“the Trial Court”) seeking to terminate Father’s parental rights. The Trial Court terminated Father’s parental rights on the sole ground of abandonment by failure to support. Father appeals. It is uncontested that Father failed to pay any support even though he had the means to do so. However, Father has successfully asserted and proven by a preponderance of the evidence that his failure to support was not willful. We reverse.

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