In the Interest of A. M. S.

430 S.E.2d 626, 208 Ga. App. 328, 1993 Ga. App. LEXIS 510
CourtCourt of Appeals of Georgia
DecidedMarch 16, 1993
DocketA92A2102
StatusPublished
Cited by7 cases

This text of 430 S.E.2d 626 (In the Interest of A. M. S.) 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 the Interest of A. M. S., 430 S.E.2d 626, 208 Ga. App. 328, 1993 Ga. App. LEXIS 510 (Ga. Ct. App. 1993).

Opinions

Blackburn, Judge.

The appellees, Reedy Buford Owen and Frances Marie Owen, the maternal grandparents of A. M. S., a minor child, petitioned the Juvenile Court of DeKalb County for an order terminating the parental rights of the child’s biological father, Robert Strickland, Jr. After a hearing, the trial court terminated Strickland’s parental rights based upon Strickland’s murder of the child’s mother as well as other evidence which indicated that the child was deprived, and such deprivation was likely to continue, resulting in harm to the child. This appeal followed.

At the termination hearing, the Owens presented undisputed evidence that Strickland was tried before a jury in the Superior Court of DeKalb County and convicted of murdering the child’s mother. Strickland is currently serving a life sentence for the murder and the minor child has been in the custody of her maternal grandparents [329]*329since her mother’s death. The child was two years of age at the time of her mother’s murder. The juvenile court took judicial notice of appeals to the Georgia Supreme Court relating to Strickland’s murder conviction and adopted facts published in Strickland v. State, 257 Ga. 230 (357 SE2d 85) (1987) and Strickland v. State, 260 Ga. 28 (389 SE2d 230) (1990) in determining whether Strickland’s parental rights should be terminated. As delineated in Strickland, in addition to the murder of his estranged wife, the child’s mother, Strickland broke into his wife’s home and shot her companion approximately four days before he murdered her, which fact was also considered by the court below.

The evidence produced at trial further revealed that Strickland’s contact with A. M. S. has been limited. He has never attempted to call the child during the seven years that he has been incarcerated, and visitation with the child has consisted of ten to fifteen minute visits before the extension of custody hearings. The child was last seen by Strickland in 1990. Strickland has never asked the Owens if they needed anything for the child and on only one occasion has Strickland sent the child any monetary support. Strickland does not have any definite employment prospects upon his parole from prison and moreover, the guardian ad litem recommended the termination of Strickland’s parental rights because there has been a demonstrative negative effect on the parent-child relationship.

1. Strickland contends the juvenile court erred in denying his motion to dismiss, arguing the termination petition fails to comply with OCGA § 15-11-82 (c) in not clearly stating the effects of an order terminating parental rights as stated in OCGA § 15-11-80. Specifically, Strickland argues the petition fails to state that an order terminating parental rights is without limit as to duration and that a parent whose rights are terminated is not entitled to notice of proceedings for the adoption of the child. See OCGA § 15-11-80. This contention is not supported by the record.

The termination petition alleges that “[t]he child would be unable to have a meaningful future relationship with [the father] if they were ever re-united [and prays that the] father’s rights and obligations with respect to the child and all of the rights and obligations of the child to the father, arising out of the parental relationship, including right of inheritance, be TERMINATED so that thereafter the father shall not be entitled to notice of adoption of the child by another person nor shall the father have any right to object to the adoption nor otherwise participate in the proceedings!.]” These terms sufficiently apprise Strickland of the consequences of an order terminating parental rights as required by OCGA § 15-11-82 (c). Compare In the Interest of D. R. C., 191 Ga. App. 278 (1) (381 SE2d 426) (1989), where the termination petition failed to provide notice [330]*330that a parent whose rights are terminated as to a child is not entitled to notice of proceedings for the child’s adoption.

2. Strickland contends the juvenile court erred in taking judicial notice of Strickland v. State, 257 Ga. 230, supra, and Strickland v. State, 260 Ga. 28, supra, and in relying on facts stated in these opinions to determine whether his parental rights should be terminated.

Strickland did not object when the juvenile court announced judicial cognizance of adjudicative facts set out in Strickland v. State, 257 Ga. 230, supra, and Strickland v. State, 260 Ga. 28, supra. Consequently, he may not complain of the juvenile court’s reliance on facts set out in those opinions. Redwine v. Frizzell, 186 Ga. 296 (2) (197 SE 805) (1938).

Strickland also asserts that the trial court erred in failing to allow him to rebut the adjudicative facts delineated in Strickland v. State, 257 Ga. 230, supra, and Strickland v. State, 260 Ga. 28, supra, by making a proffer of testimony as to his “state of mind” at the time of the murder. However, Strickland’s state of mind has been previously determined by his conviction of murder, an offense requiring malice aforethought, and any evidence as to his state of mind or other circumstances surrounding the murder not delineated in the decision would be cumulative. Further, the appellant has not shown that the oral testimony that he proposes to submit is material, relevant and beneficial to a proceeding to terminate parental rights. “[I]t is a well settled rule that in order to preserve a ground of objection relating to the exclusion of oral testimony it is necessary for the complaining party to show what he expects to prove and that the evidence is material, relevant and beneficial [cit.]. . . .” Hendrix v. Byers Bldg. Supply, 167 Ga. App. 878, 880 (2) (307 SE2d 759) (1983). In addition, the appellant has not shown that any error committed by the juvenile court in failing to consider evidence on his state of mind was harmful, warranting a reversal. Consequently, we find that this enumeration is without merit.

3. Strickland contends that the trial court erred in holding that an automatic forfeiture of parental rights occurs when one spouse is convicted of murdering the other spouse. He further contends that the decision of the trial court is not supported by clear and convincing evidence, not supported by the record and is based upon facts contradicted by the record. We disagree.

This court has recognized in In the Interest of H. L. T., 164 Ga. App. 517, 519 (298 SE2d 33) (1982), that the mere fact that a parent kills another parent does not in and of itself result in the automatic forfeiture of the parent’s parental rights to the child as a matter of law. However, this court has held in Heath v. McGuire, 167 Ga. App. 489, 492 (3) (306 SE2d 741) (1983), in support of the trial court’s termination of parental rights of a father who was convicted of the mur[331]*331der of the child’s mother, that “[t]he requisite malice necessarily shown by guilt of the murder of one’s spouse is sufficient to imply a moral unfitness to terminate the parental relationship, an unfitness which is likely to continue with resultant harm to the innocent child.” The

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In the Interest of A. M. S.
430 S.E.2d 626 (Court of Appeals of Georgia, 1993)

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Bluebook (online)
430 S.E.2d 626, 208 Ga. App. 328, 1993 Ga. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-a-m-s-gactapp-1993.