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Dell v. Dell

The evidence was sufficient to support the trial court's findings that the mother, without justifiable cause, failed to have any contact with the child and failed to support the child for a period longer than a year immediately prior to the stepmother filing her adoption petition, which supported the termination of the mother's parental rights and the adoption under O.C.G.A. § 19-8-10 subsection b.

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In Dell v. Dell, 324 Ga. App. 297 748 SE2d 703 2013, we vacated the order terminating Leah M. Dibello Dell’s parental rights to her daughter and granting stepmother Sarah Dell’s petition to adopt the child because, among other things, the order did not include specific findings of fact and conclusions of law as required by OCGA §§ 19-8-10 and 19-8-18 b. We remanded the case for further proceedings. Dell, 324 Ga. App. at 298-302 1 physical precedent as to Division 1. Upon remittitur, the trial court entered a new order again terminating Leah Dell’s parental rights and granting Sarah Dell’s adoption petition. Leah Dell filed this appeal.

Leah Dell argues that the evidence does not support the termination and adoption, but we find the evidence sufficient. She argues that she received ineffective assistance of counsel, but we find that she has failed to show both deficient performance and prejudice. She argues that the trial court abused its discretion by denying her motion for continuance so that she could appear, but we find she is not entitled to reversal on this ground because she was not harmed, given that the trial court conducted another hearing at which she appeared and was allowed to present her defense. We thus affirm.

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