In Re MDF

606 S.E.2d 658, 270 Ga. App. 460
CourtCourt of Appeals of Georgia
DecidedNovember 16, 2004
DocketA04A0959
StatusPublished

This text of 606 S.E.2d 658 (In Re MDF) 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 MDF, 606 S.E.2d 658, 270 Ga. App. 460 (Ga. Ct. App. 2004).

Opinion

606 S.E.2d 658 (2004)
270 Ga. App. 460

In the Interest of M.D.F., a child.

No. A04A0959.

Court of Appeals of Georgia.

November 16, 2004.

*659 Paul M. Ledbetter, Jr., Covington, for appellant.

Mumford & Myers, Robert F. Mumford, for appellee.

MIKELL, Judge.

The natural mother of M.D.F., a female child born on June 28, 1994, brought a verified petition under OCGA § 15-11-94 for the *660 termination of the parental rights of M.D.F.'s biological father. In an amended order, the juvenile court granted the petition.[1] The father appeals, arguing that the juvenile court erred in finding clear and convincing evidence that his parental rights have been lost. We disagree and affirm.

The decision to terminate parental rights involves a two-step inquiry. First, the court must determine whether there is present clear and convincing evidence of parental misconduct or inability. Parental misconduct or inability exists if (1) the child is deprived; (2) the deprivation is caused by the parent's lack of proper parental care or control; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) the continued deprivation will likely cause serious physical, mental, emotional, or moral harm to the child. Second, if the court finds clear and convincing evidence of present parental misconduct or inability, then the court must consider whether termination of parental rights is in the best interest of the child.[2]

In a case such as this, where the child has not been in the father's custody, the juvenile court also is required to consider whether the father failed significantly, for at least one year before the petition was filed, to maintain a meaningful, supportive parental bond with the child, to support the child financially, or to comply with the court-ordered reunification plan.[3]

The standard of review on appeal from a termination of parental rights is whether, after reviewing the evidence in the light most favorable to the [juvenile] court's disposition, any rational trier of fact could have found by clear and convincing evidence that the natural parent's right to custody should be terminated. On appeal this [c]ourt neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the [juvenile] court's factfinding and affirm unless the appellate standard is not met.[4]

Viewed in this light, the evidence shows that appellant and appellee were divorced in 1995, having lived together as man and wife in a common law marriage. Appellee received sole custody of M.D.F., the couple's only child. Soon after the divorce, appellant pled guilty to numerous charges including reckless driving, fleeing and attempting to elude a police officer, operating a vehicle with a suspended license, misdemeanor obstruction of an officer, misdemeanor theft by conversion, and misdemeanor theft by taking. He was incarcerated from 1996 until 2000. Subsequent to his release, appellant was charged with and pled guilty to stalking appellee.

At the time of the hearing, appellant was incarcerated for single misdemeanor counts of invasion of privacy, simple battery, obstruction of a law enforcement officer, theft by taking and terroristic threats, as well as two felony counts of robbery and aggravated stalking. Nonetheless, appellant appeared in the juvenile court and contested the termination petition. Also present at the hearing were appellee, the child's guardian ad litem,[5] appellant's mother, several police officers familiar with appellant's criminal charges, two of appellant's ex-girlfriends and several others who witnessed appellant's alleged violent behavior.

Appellant testified that he began abusing drugs and alcohol in 1993, shortly after the death of his first child with appellee. He denied ever physically abusing appellee or *661 M.D.F. He testified that during his incarceration, he sent letters and cards to M.D.F., which were returned to him stamped "return to sender." While in prison, appellant filed a tax return so that M.D.F. could get the refund. Upon appellant's release from prison in 2000, he and his father met M.D.F. and her mother at a local restaurant where appellee agreed that appellant could visit with M.D.F. on weekends. Appellant testified that appellee allowed him to visit M.D.F. for eight months, but ended those visits after appellant, appellee and appellee's husband had an argument. Appellant also testified that when he brought Christmas gifts to M.D.F. and wanted to stay and watch her open them, appellee told him to leave the gifts in the road. Appellant now sees a prison therapist and is involved in a prison-sponsored anger management class and substance abuse class. He expects to be released on September 22, 2004, but has a pending drug charge in Rockdale County. Appellant stated that he loves his daughter and that he believes appellee and her husband have "poisoned" M.D.F.'s mind by telling her bad things about him. Appellant testified that he has neither used drugs in front of M.D.F. nor been "high" around her. Finally, appellant testified that when he is emotionally upset he tends to engage in self-destructive behavior.

Appellant owes over $27,000 in child support; he paid $50 in 2000. Appellee testified that shortly before the hearing she received approximately $1,200 from Child Support Recovery. She testified that appellant has not visited M.D.F. in the last year and that appellant has failed to meet any of the requirements previously imposed by the court in order to have visitation. Appellee acknowledged recently receiving a letter from appellant to M.D.F., but did not show it to M.D.F. because she was visiting her paternal grandparents. Appellee acknowledged that she refused to comply with appellant's "terms" for delivering M.D.F.'s Christmas presents. Appellee testified that she believes that appellant's behavior "has caused serious physical, mental, emotional, and moral harm to [M.D.F. and that] ... the deprivation... is likely to continue for some time in the future." Appellee testified that appellant stalked her when he used her Blockbuster card to rent a video titled "Dick." Appellee believes that once appellant is released from jail he will continue to stalk and harass her. Appellee also believes that appellant is a physical danger and that he may hurt or kill her or her children. She is also afraid that appellant may kidnap her children. Appellee testified that M.D.F. recently sought treatment from a local therapist and that she has seen the therapist several times. Appellee has never asked the therapist for a diagnosis, but the therapist has told appellee that M.D.F. is doing better. Appellee further stated that they "all are doing better when [appellant is] incarcerated." Appellee took M.D.F. to the therapist after M.D.F. complained of seeing a "vision" where appellant was "following [appellee] in the car and he made [appellee's] car wreck and [appellant] pulled [appellee] out of the car and he was trying to kill [her]." Appellee stated that M.D.F. has seen appellant act violently and has also seen appellee upset as a result of appellant's violent behavior. Appellee attempted to take out two warrants against appellant for child abandonment. Appellee denied receiving and/or refusing letters from appellant addressed to M.D.F.

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Bluebook (online)
606 S.E.2d 658, 270 Ga. App. 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mdf-gactapp-2004.