In Re Rori H.

Syllabus

In this termination of parental rights case, Brian T. and Samantha T., the maternal grandparents of Rori H., appeal the trial court's ruling that termination of the parental rights of Rori's father, Brennan H., is not in the child's best interests. We conclude that the trial court erred in finding as grounds for termination that the father abandoned the child by failing to pay support in the four months preceding the petition. Having found no grounds for termination, we do not reach a best interests determination. Ultimately, we affirm the trial court's denial of the petition for termination. We remand the case for further proceedings pursuant to Tennessee Code Annotated section 36-1-117(b)(4). Finally, we conclude that the father is not entitled to an award of attorney's fees incurred on appeal.