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In re Audrey S.8/25/2005
the guardians ad litem that Jamie F.'s parental rights should be terminated. Terry S. and Wilma S. testified primarily with respect to Audrey S., and Jason L., Kelly L., and Christina B. testified regarding Victoria L. Their testimony established that both children were happy and well-adjusted and that they were living in stable, loving homes where their physical and emotional needs were being met. In addition, they testified that they believed it was important to Audrey S. and Victoria L. to be involved in each other's lives, and they had already been allowing the sisters to visit and communicate with each other on a regular basis. Their testimony also established that with one exception, neither child had asked about Jamie F. in the two- and-one-half years since her February 8, 2002 incarceration.
The testimony of these witnesses established their long-term dedication to the welfare of Audrey S. and Victoria L. and their commitment to providing for them in the future. Jason L. and Kelly L. testified to their deep love for Victoria L. and the strong relationship that was already developing between Victoria L. and their other daughter. They testified that they intended to file a petition to adopt Victoria L. as soon as Jamie F.'s parental rights were terminated. Terry S. also testified regarding his intent to provide Audrey S. with a loving, two-parent home as soon as possible. When Jamie F.'s attorney questioned the value in terminating Jamie F.'s parental rights in the absence of someone to step into Jamie F.'s place as Audrey S.'s mother, Terry S. testified that he and his girlfriend of three-and-one-half years had already discussed the matter, and that she was ready and willing to adopt Audrey S. if Jamie F.'s parental rights were terminated.
Following the conclusion of the termination trial, the juvenile court entered two thorough, well written orders on October 7, 2004 and November 11, 2004 terminating Jamie F.'s parental rights to Audrey S. and Victoria L., respectively. The juvenile court found clear and convincing evidence of the existence of three statutory grounds for termination: (1) abandonment; (2) persistence of conditions; and (3) incarceration under a sentence of ten years or more imposed when a child is under the age of eight. Tenn. Code Ann. § 36-1-113(g)(1), (3), (6). After considering the nine statutory factors listed in Tenn. Code Ann. § 36-1-113(i) and other factors raised by the evidence presented at the termination trial, the juvenile court found by clear and convincing evidence that termination of Jamie F.'s parental rights was in the best interests of Audrey S. and Victoria L. The juvenile court granted the guardians ad litem's joint termination petition and denied Jamie F.'s petition for visitation with Victoria L. Jamie F. appealed.
II. The Standards For Reviewing Termination Orders
A biological parent's right to the care and custody of his or her child is among the oldest of the judicially recognized liberty interests protected by the Due Process Clauses of the federal and state constitutions. Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. 2054, 2059-60 (2000); Hawk v. Hawk, 855 S.W.2d 573, 578-79 (Tenn. 1993); Ray v. Ray, 83 S.W.3d 726, 731 (Tenn. Ct. App. 2001). While this right is fundamental and superior to the claims of other persons and the government, it is not absolute. State Dep't of Children's Servs. v. C.H.K., 154 S.W.3d 586, 589 (Tenn. Ct. App. 2004). It continues without interruption only as long as a parent has not relinquished it, abandoned it, or engaged in conduct requiring its limitation or termination. Blair v. Badenhope, 77 S.W.3d 137, 141 (Tenn. 2002); In re S.M., 149 S.W.3d 632, 638 (Tenn. Ct. App. 2004); In re M.J.B.,
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