Tennessee Court Case: In re Copeland

IN RE: ADOPTION OF BRIAN DUSTIN COPELAND and SAVANNAH COPELAND. MARIE GRAHAM and JOHN GRAHAM, Petitioners-Appellees, v. TIMOTHY COPELAND, Respondent-Appellant. 

E1999-01514-COA-R3-CV 

COURT OF APPEALS OF TENNESSEE, EASTERN SECTION, AT KNOXVILLE 

43 S.W.3d 483

March 30, 2000, Filed 

Application for Permission to Appeal Denied April 16, 2001, Reported at: 2001 Tenn. LEXIS 352. 

APPEAL AS OF RIGHT FROM THE HAMILTON COUNTY CHANCERY COURT. HONORABLE W. FRANK BROWN, III, CHANCELLOR. 

AFFIRMED AND REMANDED. 

COUNSEL:
For Appellant: BARRY L. ABBOTT, Cavett & Abbott, PLLC, Chattanooga, Tennessee.

For Appellees: JOHN ALLEN BROOKS, Chattanooga, Tennessee. 

JUDGES:
Charles D. Susano, Jr., J. CONCUR: Herschel P. Franks, J., D. Michael Swiney, J. 

OPINIONBY:
Charles D. Susano 

OPINION:

The trial court terminated the parental rights of Timothy Copeland ("Father") to his children, Brian Dustin Copeland (DOB: December 1, 1987) and Savannah Copeland (DOB: October 10, 1990). Father appeals, raising the following issues:

1. Did the trial court err in exercising jurisdiction over Father in order to terminate his parental rights?

2. Did the trial court err in finding sufficient statutory grounds for the termination of Father's parental rights?

3. Did the trial court err in finding that the evidence presented at trial satisfies the clear and convincing standard of proof required to terminate Father's parental rights?
I. Facts
Father has always lived in Alabama. The children, Brian Dustin and Savannah, were born to Father and his wife, Gina Marie Copeland, while they were married and living in Scottsboro, Alabama. They lived in Alabama during the entire period of their marriage. Father's only contact with Tennessee prior to the filing of the petition in the instant case was the time he spent visiting with relatives here.
Father killed his wife in the State of Alabama when Brian Dustin was six and Savannah was three. Shortly after the murder, Father pled guilty to killing Mrs. Copeland and was sentenced to 29 years in prison. Father's first parole eligibility date is in the month of January, 2002.
The petitioners, who are residents of Hamilton County, are the maternal grandparents of the children. Shortly after their daughter's death, they were awarded temporary custody of the children by the Jackson County, Alabama, Juvenile Court. Following the award by the Alabama court, the children's case was transferred to the Hamilton County Juvenile Court, and the petitioners were eventually granted full legal guardianship of the children by that court.