In Re Gwr

606 S.E.2d 281, 270 Ga. App. 194
CourtCourt of Appeals of Georgia
DecidedOctober 27, 2004
DocketA04A1448
StatusPublished

This text of 606 S.E.2d 281 (In Re Gwr) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Gwr, 606 S.E.2d 281, 270 Ga. App. 194 (Ga. Ct. App. 2004).

Opinion

606 S.E.2d 281 (2004)
270 Ga. App. 194

In the Interest of G.W.R. et al., children.

No. A04A1448.

Court of Appeals of Georgia.

October 27, 2004.

*283 Denise S. Esserman, Rita C. Spalding, Brunswick, for appellant.

Carlton, Gibson & Lawyer, Donald C. Gibson, Brunswick, for appellee.

SMITH, Chief Judge.

The father of G.W.R. and R.P.R. appeals from the juvenile court's order terminating his parental rights. Because the record supports this determination, we affirm.

On appeal from an order terminating an individual's parental rights, we do not determine witness credibility or weigh the evidence. We instead "view the evidence in the light most favorable to the juvenile court's order and determine whether a rational trier of fact could have found by clear and convincing evidence that the natural parent's rights should have been terminated." (Citation and punctuation omitted.) In the Interest of G.B., 263 Ga.App. 577, 588 S.E.2d 779 (2003). So construed, the evidence presented at the hearing on the petition to terminate the father's parental rights showed that the mother and father of G.W.R. and R.P.R. were previously married but were separated in July 1999 and divorced in October 2001. The mother filed the termination petition in this case in July 2003, when G.W.R. was seven years old and R.P.R. five years old. During the pendency of the divorce proceedings, the father had supervised visitation with the children. Supervision was required because of domestic violence perpetrated by the father against the mother and because the father had, at least once, removed the children from their home and refused to return them for a short period of time.

For approximately two weeks in December 1999, the father was allowed to exercise unsupervised visitation with the children. On December 26, 1999, however, the father stabbed a male friend of the mother outside the mother's residence while the children were inside the home. Although the children did not witness the stabbing, they did observe *284 the victim after he came into the house and was bleeding on the kitchen floor. Since that date, the father has not seen or spoken to the children, as a result of a number of court orders forbidding contact with them. The father was convicted of attempted murder, but the conviction was reversed on appeal, after which the father entered a plea of nolo contendere to the crime of aggravated battery. He was incarcerated from March 2001 until March 2002.

While the divorce was pending, in December 1999, the father was ordered to pay child support. He made five partial payments in 2000, and no payments between September 8, 2000 and February 2003, despite the fact that he has been employed since he was released from prison in March 2002. He began making monthly payments for child support and toward his arrearage only after the State of Florida threatened to revoke or suspend his driver's license for nonpayment of child support.

Before the father was incarcerated, his counsel filed a motion for visitation, which was granted in November 2000. That order actually deferred to the criminal court any decision concerning actual visitation privileges. It appears to be undisputed that the civil court assigned to the divorce case has issued no visitation orders since that time. After the father was released in March 2002, he filed a motion seeking visitation. He subsequently filed a number of motions "requesting hearing time" and a motion to set a final hearing for visitation and abatement of child support. All motions, which were filed by the father without the assistance of counsel, bore the same style and case number of the divorce proceeding and were filed in the Florida county where the divorce was granted. In July 2002, the civil court informed him that he had not properly served the mother with notice of the action and that no further action would be taken until proof of service was received by the court. It appears that the father mailed notice to the mother but did not effect personal service. Again, in November 2002, the civil court informed him that he had to serve the mother personally with any petition that he wished to file. The father did not personally serve the mother with notice of the action to gain visitation.

The mother testified that the children were present during two incidents of domestic violence. She stated that the father had punched several holes in the wall in their home and had threatened to kill both her and the children. The mother testified that the father told her that he would kill the children "first because I needed to sit and watch it and that would kill me." On the occasion discussed above when he absconded with the children, the father called the mother at home at 3:00 a.m. and "was screaming obscenities at me with [G.W.R.] present." She also testified about the stabbing that occurred outside her home, stating that the children witnessed the aftermath of this incident — the victim "collapsing on the floor with the blood and the police and the ambulance." She stated that on the night of the father's arrest, he had "busted all the nails off of" her hand, had thrown her "down on top of my son," and had "drug [R.P.R.] up out of the bed [and] broke the crib." He also took one of the children "to a complete stranger's house and left him."

We note the mother's testimony that after she found a roll of film and had it developed in 2002, she discovered photographs, which she believed to have been taken in early 1999, depicting close up pictures of R.P.R.'s rectum. These graphic photographs were admitted into evidence. The father testified that a police officer investigating sexual abuse allegations had taken the pictures, using the father's camera. He could not explain why the police officer had not used his own camera, and when asked why he did not develop the film, he explained that the film "obviously got lost in me moving out.... I wasn't able to take anything with me at that time but clothes." He testified that the police officer did not follow up on the investigation after the pictures were taken.

A former co-worker of the father testified concerning conversations he had with the father before the divorce, stating that on several occasions the father had talked about slitting the mother's throat and that he had stated that her body would be found at the bottom of a lake. The father similarly stated *285 to this witness that he would do the same thing to the children's maternal grandmother.

Three expert witnesses testified concerning the emotional health of the children. Bonni Martin, a psychotherapist, treated G.W.R. from August 1999, when he was three years old, until May 2001. She testified that she began treating G.W.R. because he had been experiencing problems with bedwetting and aggressiveness and had witnessed domestic violence in his home. She initially diagnosed him as having post-traumatic stress disorder and subsequently determined that this condition was caused by "the exposure to domestic violence and to trauma." She stated that G.W.R. "would feel very fearful of his father, not see him as being protective in any way but love him at the same time." He told Martin "that he saw Daddy fighting with Mommy" and that "Daddy did bad things." When asked to do so by Martin, the mother participated in the therapy sessions. Although the father attended a supervised visitation session, he refused to attend a therapy session requested by Martin.

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Bluebook (online)
606 S.E.2d 281, 270 Ga. App. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gwr-gactapp-2004.