In the Interest of G. Q.

The father lacked standing to challenge the termination of his parental rights, since he failed to timely file a petition to legitimate the minor children in order to preserve his interest.

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The putative biological father of G. Q. and Y. Q., minor children, appeals the order of the Juvenile Court of Coweta County terminating his parental rights. The appellant contends the juvenile court erred by terminating his parental rights because the court incorrectly found that the appellant had been personally served with the termination petition, terminated his rights “before the first witness was sworn” and made subsequent findings of fact and conclusions of law about the appellant during the termination hearing, and denied his motion to continue the termination hearing. Because the juvenile court correctly found that the appellant lacked standing to challenge the termination of his parental rights, we affirm.

Due to the nature of the appellant’s claims, a chronological review of the history of this case is warranted. The Coweta County Department of Family and Children Services DFCS originally opened its case on G. Q., G. Q.’s mother and the appellant in 2010 because G. Q. tested positive for marijuana at birth. From June 2011 forward, DFCS was unable to contact the appellant or G. Q.’s mother despite multiple attempts. On January 11, 2012, the appellant, a participant in the Coweta County drug court, appeared for a regularly scheduled court session. Prior to the court appearance, the appellant tested positive for cocaine use and, as a result, faced incarceration. The appellant brought G. Q. with him to court, stating that the child’s mother left the child with him and that, as a result, the appellant would be unable to report to jail until a few days later when a relative could care for G. Q. The appellant was taken into custody at the January 11, 2012 court appearance, and DFCS obtained an order on the same date to take G. Q. into immediate custody.

In the Interest of G. Q.

The father lacked standing to challenge the termination of his parental rights, since he failed to timely file a petition to legitimate the minor children in order to preserve his interest.

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