Termination of mother’s parental rights and grant of stepmother’s adoption petition, REVERSED;  insufficient evidence supported finding that mother abandoned her child under OCGA 19-18-10(a)(1) – mother did not act or fail to act with intention to entirely sever her parental obligations and claims;  OCGA 19-18-10 (b)(1)and(2) did not authorize adoption, since insufficient evidence showed that mother unjustifiably failed to communicate with and support her child for one year or longer prior to filing of adoption petition; although mother was incarcerated from August 2005 until January 2009, she sent cards or letters to child four times a month from February 2006 until her release and evidence showed that child’s father unilaterally decided that allowing child to read her mother’s letters was not in child’s best interest; while mother did not pay child support during incarceration due to her inability to earn any income, no evidence showed mother’s financial condition during this period; OCGA 19-8-10 (a)(4) did not authorize adoption, since no evidence showed that child’s deprivation was likely to continue, now that mother was out of prison, and completed substance abuse rehabilitation and had received significant occupational training.

From:  Fulton County Daily Report (10/16/09)

In re petition of Morgan Marks for the Adoption of G.M.M., A09A1897 (09/25/09), 09 FCDR 3198

Attorneys:  James J. Hopkins, Doris C. Orleck

Judges:  James J. Simpson, Carroll Superior Court;  Johnson, Mikell,  Elington, Georgia Court of Appeals