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Judge denies motion to dismiss in termination/adoption case, appoints guardian ad litem
Summary
In a contested termination and adoption matter, the court denied the respondent's motion to dismiss and appointed a guardian ad litem to represent the child's interests at trial.
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A Tennessee chancery court on Wednesday denied a defense motion to dismiss a combined petition for termination of parental rights and adoption and appointed a guardian ad litem to represent the child's interests.
The respondent sought dismissal on multiple legal grounds including an alleged failure to consult the Tennessee Putative Father Registry and an objection that a short marriage-to-filing interval made termination premature. The court found the registry notice had been filed timely and said statutory and best-interest questions were matters for a final hearing, not a pretrial dismissal.
Why it matters: Denying the motion preserves the petitioner's claims for full consideration at trial, and the appointment of a guardian ad litem (GAL) ensures a court-appointed advocate will evaluate the child's welfare and present recommendations to the court before a final decision on termination or adoption.
What happened in court - Motion to dismiss: Counsel for the respondent argued the petition failed to follow statutory requirements (citing TCA 36-1-113 and related registry rules) and that the week between the marriage and the filing prevented any meaningful bonding. The respondent also alleged the petitioners blocked the father's contact and sought an award of attorney fees. - Petitioner response: Petitioners provided a registry acknowledgment filed within the statutory window and told the court the father had been served. They urged the court to reject early-dismissal arguments and proceed to a contested hearing. - Court ruling: The judge concluded statutory compliance (registry notice) had been met and that matters such as bonding, parenting-plan compliance and 'unclean hands' were factual issues for trial. The judge denied the motion to dismiss and appointed Lane Coffinberry as the child's guardian ad litem; the appointment may be reassigned if a conflict is later identified.
Additional orders and next steps - The court instructed the GAL to evaluate the child's best interests and report findings to the court. The court stated the GAL could request reassignment if she identified a conflict. - The denial leaves the termination and adoption petition set for further proceedings; the court did not set a final hearing date at the time of the ruling.
Ending: With the motion denied and a GAL appointed, the matter proceeds toward a contested resolution where the factual record will determine statutory grounds for termination and whether adoption would serve the child's best interests.

