Posted On:
October 6, 2008
Georgia Family Law Case Update – Termination of Parental Rights in Georgia
On July 16, 2008, the Georgia Court of Appeals issued a ruling In the Interest of J. L. C., A08A0679, that upheld a termination of parental rights. In that matter, DFCS petitioned for the termination of parental rights based upon allegations that the parents had not: 1) obtained adequate housing for the child; 2) maintained employment; 3) contributed to support for the child; 4) visited the child, and had a history of chronic, un-rehabilitated use of drugs or alcohol. The Georgia Court of Appeals agreed with the trial court noting that the criteria for terminating parental rights are well established:
"First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper parental care or control is the cause of the deprivation; 3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home."
