Traci Sorrells v. Donald Lee Sorrells

• Court: Court of Appeals of Tennessee
• Decided: November 22, 1995
• Docket: E1999-01658-COA-R3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 9, 2000 Session

TRACI SORRELLS v. DONALD LEE SORRELLS

Direct Appeal from the Juvenile Court for Bradley County No. J-7822 C. Van Deacon, Jr., Judge

FILED OCTOBER 5, 2000

No. E1999-01658-COA-R3-CV

CHARLES D. SUSANO, JR., J., concurring.

I agree with the majority that the trial court’s “determination that parental rights should be terminated must be reversed and the cause dismissed.” However, I would base the Court’s decision on a matter-of-law determination that the appellee, who is not attempting to facilitate an adoption of the subject child in or through this proceeding, lacks standing to seek a termination of her former husband’s parental rights.

In T.C.A. § 36-1-113(b), those who have standing to file a termination-of-parental rights petition are identified as follows:

The prospective adoptive parent(s) of the child, any licensed child- placing agency having custody of the child, the child’s guardian ad litem, a court appointed special advocate (CASA) agency, or the department [of children’s services]...

Since the appellee does not fall within any one of the categories set forth in the statute, I would hold that she did not have standing to file the petition in the instant case. Cf. Winterroth v. Winterroth, 1995 WL 689735 (Tenn. Ct. App. E.S., filed November 22, 1995) (holding under the prior statute that a father in post-divorce litigation was not entitled to a judgment terminating his former wife’s parental rights).

I recognize that the appellant did not raise the issue of standing; however, I believe this is a fundamental issue that should be addressed even though not raised as an issue in the briefs. See Tenn. R. App. P. 13(b). Accordingly, I concur for the reason stated.

___________________________________ CHARLES D. SUSANO, JR., JUDGE

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