Placement of 2-year-old twins in custody of their uncle and aunt until their 18^th birthday, vacated, and case remanded, as juvenile court’s order did not include finding that referral for termination of parental rights and adoption was not in twins’ best interest, as required for award of long-term custody.

In the Interest of J. C. W., A11A1549 (10/07/11)

Fulton County Daily Report, October 21, 2011

Order quashing purported uncle’s objections to prospective parent’s adoption petition and dismissing him from adoption action, REVERSED, since trial court misinterpreted O.C.G.A. § 19-8-15; and § 19-8-15 states: ‘ “If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the peittion for adoption;” ‘it was undisputed that child did not have legal father living; even though child’s biological mother was still alive, she was not his legal mother, since her parental rights were terminated; since child did not have legal father or legal mother, uncle, who was allegedly related by blood, had right to file objections to adoption petition; trial court erred in quashing uncle’s objections without first determining whether he was bood relative. 

Parker v. Stone, A10A1306 (09/14/10), 10 FCDR 3061

From:  Fulton County Daily Report 10/1/2010

Denial of foster parent’s petition to adopt her foster daughter, REVERSED; since no evidence supported denial of adoption petition and trial court improperly infringed on DFCS’s authority; foster parent petitioned superior court to adopt child, which trial court denied on the basis that placing child with foster parent was against public policy, since foster parent was not married to man with whom she lived; no evidence supported denial of adoption petition and all witnesses, including guardian ad litem appointed by trial court, testified that adoption was in child’s best interest and that removal of child from foster parent’s home would be devastating;  OCGA 19-8-3(b) does not prohibit this adoption, since ‘”[a]any adult person , including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply” for adoption; public policy, as set forth in OCGA 49-5-281(a)(20), dictates that foster parent, who has fostered child for more than 12 months, should be first choice as permanent parent where appropriate; order directing DFACS to remove child from foster parent’s home infringed upon authority of DFACS as legal custodian with right to determine physical placement of child.

In Re Petition of Thersa Goudeau to Adopt a Minor Child, A10A1720; A10A1721 (08/27/10), 10 FCDR 2881

Fulton County Daily Report, 09/17/2010

GA attorney disbarred for violating Georgia Rules of Professional Conduct; attorney failed to file adoption petition for one client after she paid him $900 to represent her in that matter, did not respond truthfully to client about status of matter and misrepresented facts in response to Investigative Panel; in second matter, attorney failed to ensure that his client’s incorporation documents were registered with Secretary of State, moved his office and disconnected his phone and did not respond to Investigative Panel; in third matter, attorney did not return his child support clien’ts full retainer after opposing party paid him full $1500 fee and attorney never provided client with her files or with copies of her court docuemnts; attorney’s prior disciplinary history was an aggravating factor.

In re Kimbrough III, S09Y1580 (10/19/09)

From:  Fulton County Daily Report (10/30/2009)