IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 27, 2012 Session IN RE MADILENE G. R. Appeal from the Chancery Court for Rutherford County No. 11CV-579 Robert E. Corlew, III, Judge

No. M2012-01178-COA-R3-PT - Filed January 10, 2013

P ATRICIA J. C OTTRELL, P.J., M.S., concurring opinion.

OPINION I concur in the reversal of the trial court’s termination of Father’s parental rights.

However, it is my opinion that the Guardians failed to prove by clear and convincing evidence that Father willfully failed to support the child in the four months prior to the filing of the petition. The evidence set out in the majority opinion does not, in my opinion, meet the Constitutionally required standard.

____________________________ PATRICIA J. COTTRELL, JUDGE