Denial of father’s motion to hold mother, father’s ex-wife, in contempt for failing to comply with couple’s 2005 divorce decree, which awarded father legal and primary physical custody of couple’s children, AFFIRMED; grant of mother’s petition for change in custody and award of joint legal an primary physical custody of children to mother, AFFIRMED; consolidation of father’s motion for contempt and mother’s custody petition was not prohibited by O.C.G.A. § 19-9-23, because custody action was filed as separate action in father’s county, not as responsive pleading; moreover, father cannot complain, because he did not object to consolidation and acquiesced in joint hearing; trial court DID NOT ERR in denying father’s contempt motion, because there was no evidence of willful disobedience of court order; trial court DID NOT ERR in granting mother’s custody petition on grounds that material change of condition affecting welfare of children had occurred since last order, because evidence showed that father failed to provide financially for his children, was uninvolved in their lives and did not enforce original custody order despite being awarded primary physical custody of children.

Saravia v. Mendoza, A10A0391, A10A0392 (03/31/10), 10 FCDR 1173

From:  Fulton County Daily Report, (04/16/2010).

Order denying father’s petition to legitimate minor and terminating father’s parental rights AFFIRMED, as trial court did not err in denying father’s legitimation petition; father abandoned his opportunity interest to develop relationship with minor, since father did not spend any significant time with minor, after living with minor for one year, and did not pay child support or send cards or letters to minor; father’s argument that trial court wrongfully denied right to counsel during termination of parental rights hearing, REJECTED, because he lacked standing to challenge termination of his rights; father’s contention that juvenile court lacked subject matter jurisdiction, REJECTED, because juvenile court has original jurisdiction unless termination petition is filed in connection with formal adoption proceedings.

In the Interest of J.S., A10A0186 (02/12/2010), 10 FCDR 413.

From:  Fulton County Daily Report, 2/26/2010.

Termination of mother’s parental rights to her three children, AFFIRMED, as evidence supported it; mother had history of displaying bizarre, paranoid behavior, she stopped taking her prescribed medication and skipped her mental health appointments, she failed to clean her home, she provided no evidence of employment or ability to pay monthly living expenses, she failed to pay child support and she failed to maintain bond with her children.

In the Interest of S.P., A09A15 (11/12/09)

From:  Fulton County Daily Report  (12/4/ 2009)

Termination of father’s parental rights, AFFIRMED, as evidence supported it; father never contacted children nor DFACS during his 5-year incarceration, he failed to maintain or establish meaningful bond with children, essentially abandoning them and, even before his incarceration, he only saw children sporadically, despite his purported concern that mother abused drugs; continued deprivation was likely to cause harm due to children’s emotional and psychological frailty and termination was in children’s best interest.

In the Interest of T.L.H. and O.D.H., A09A1177

From:  Fulton County Daily Report, 12/4/2009

Deprivation order AFFIRMED as evidence supported it; mother repeatedly subjected children to unwarranted and unnecessary forensic interviews and medical exams in her unsuccessful attempts to substantiate sexual abuse by their father.

In the Interest of S.K. and A.K., A09A1357 (11/13/09)

From:  Fulton County Daily Report (12/4/2009)

GA orders granting sole custody of son to mother and sole custody of daughter to father, AFFIRMED;  mother’s contention that juvenile court erred in denying motion for reunification was meritless, since juvenile court sustained motion for reunification; juvenile court was authorized to find material change in circumstances because mother had suffered decline in mental health; juvenile court did not abuse discretion by determining that it was in daugher’s best interest to live with father, despite father’s acts of family violence; juvenile court did not err in denying mother’s discovery requests as untimely, because re-trial order required all discovery to be filed by 30 days after order and mother waited until almost nie moths later to file motion to compel discovery.

In the Interest of T.S. & L.S., A09A1294 (11/05/09)

From:  Fulton County Daily Report (12/4/2009)

Order finding child deprived AFFIRMED as evidence supported it; evidence showed that then 5-month-old infant was sexually abused while she was solely in care of her mother and father and mother failed to protect infant from injury.

IN THE INTEREST OF K.L., (a09a1449 (10/21/09)

From:  Fulton County Daily Report (11/06/2009)

Denial of mother’s request to change son’s name AFFIRMED; trial court did not abuse its discretion in denying application because of biological father’s objection, since OCGA 19-12-1(c) is not limited to parents within legal definition of statute, but also may encompass biological parents.

From:  Fulton County Daily Report (10/23/09).

In re Candelaria, A09A1497 (10/02/09)

Attorneys:  Marc E. Sirotkin, Marcos Candelaria (pro se);

Judges:  Richard E. Hicks, fulton Superior Court; Blackburn, Adams, Doyle, Georgia Court of Appeals

Termination of parents’ rights AFFIRMED, as evidence supported it; mother failed to comply with reunification case plans, was uncooperative with drug screener, failed to pay child support consistently and failed to maintain stable housing and employment; father was incarcerated majority of time between shelter order and hearing on termination petition, he continued his alcohol abuse and was terminated from program to assist with his drinking and anger problems; continued deprivation was likely to cause harm, since children had been in foster care for three years and foster parents provided children with security and stability that mother did not.

From:  Fulton County Daily Report (10/16/2009)

In the Interest of A.J.D.S., A09A1883, A09A1884 (09/25/09), 09 FCDR 3203.

Attorneys:  Earle W. Angell, Willie J. Woodruff Jr., Marie K. Evans, thurbert E. Baker, Shalen S. Nelson, Elizabeth M. Williamson.

Judges:  Robert Cullifer, Stephens Juvenile Court; Ellington, Mikell,  Johnson;  Georgia Court of Appeals
.

Order placing 4-year-old boy in DFACS’s custody, rather than with his paternal uncle and aunt, AFFIRMED; OCGA 19-8-7(a) did not require juvenile court to place child with his relatives, regardless of whether child’s father validly surrendered his parental right to them;  OCGA 15-11-103 does not require courts to give preference to family members in placing child following termination of parental rights and, in this case, juvenile court did not abuse its discretion in finding that immediate placement with uncle and aunt was not in child’s best interest, due to emotion impact of abrupt transition away from his foster family; uncle and aunt had right to directly appeal dispositional order placing boy in DFACS’s custody.

From:  Fulton County Daily Report (10/16/2009)

In the Interest of C.B., A09A1099 (10/01/09), 09 FCDR 3202

Attorneys:  Larry A. Ballew, Randall A. Meincke, thurbert E. Baker, Shalen S. Nelson, Kathryn A. Fox, Rochelle A. Doyle, Jennifer L. Pirrung

Judges:   J. Russell Jackson, Forsyth Juvenile Court; Phipps, Smith, Bernes, Georgia Court of Appeals.