Apr 15

Hall Secures Appellate Victory in Termination Case

BSHR Attorney Abigail Hall prevailed on behalf of her client this week when the Western District of the Tennesssee Court of Appeals issued its opinion, In Re Mattie L., restoring her client's right to parent his child following the termination of those rights at an October 2018 trial.

The appellate court, emphasizing the sacred constitutional right to parent free from interference, found that the trial at which the client’s rights were terminated “lacked fundamental fairness” thus “undermining the protections to which father was entitled by virtue of the liberty interest at stake.”   The appellate court concluded that the evidence did not support the trial court's finding that father abandoned his child by willfully failing to visit or financially support the child, thus reversing the lower court's order that terminated the father's parental rights. 

 

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