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 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

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

Denial of petition to terminate mother’s parental rights to three children, AFFIRMED, as DFACS failed to present clear and convincing evidence that deprivation was likely to continue; evidence showed that mother had made progress on her case plan, including maintaining housing and employment, undergoing mental health evaluations, completing parenting classes and visiting children; limitation forbidding judge from expressing or intimating his opinion did not apply to termination hearing, since it was not conducted in front of jury.

From:  Fulton County Daily Report (10/9/2009)

In the Interest of D.W., A09A0900 (09/23/09)

Attorneys:  Anissa R. Patton, Waymon Sims, Thurbert E. Baker, Shalen S. Nelson, Robert E. Hall, Victoria Warren

Judges:  George Blau, Fulton Juvenile Court; Georgia Court of Appeals, Smith, Bernes, Phipps

A GA parent who  tests positive for marijuana and cocaine at the inception of a case, has a history of marijuana use, lacks stable and suitable housing, has no stable employment, does not pay child support and continues to reside with the children’s other parent, who has a chronic drug and alcohol abuse problem supports the termination of the parent’s parental rights to her children.

If a court grants a parent application for discretionary appeal, the parent can not show harm from the juvenile court’s alleged failure to provide a transcript.

A juvenile court does not abuse its discretion in determining the children should stay in their stable foster home , where the children have bonded with the foster parents and the foster parents wished to adopt them rather than a grandparent who is away from home for months at a time.

In the Interest of J.J.  A09A1330 (07-17-09)

Judges:  M. Anthony Baker, Cherokee Juvenile Court;  Bernes, Smith, Phipps

For more information contact:  CJ Remboldt