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Sauls v. Atchison

The trial court's decree terminating a father's parental rights failed to cite any specific findings of fact and conclusions of law pursuant to O.C.G.A. § 19-8-18.

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William Christopher Sauls appeals from the judgment of the Baldwin Superior Court terminating his parental rights in connection with an adoption. He asserts that service of process was insufficient, that the trial court’s order is deficient, and that the trial court erred in terminating his parental rights and issuing a decree of adoption. We find that service of process was sufficient and affirm with respect to that finding, but because the trial court’s decree fails to set forth the mandatory findings of fact and conclusions of law pursuant to OCGA § 19-8-18 b, we vacate the judgment and remand with direction.

Sauls and the child’s mother were never married, but Sauls acknowledged paternity under OCGA § 19-7-21.1b.1 The child was born in 2005, while the father and mother lived in Warner Robins, Georgia. In 2006, the parents separated, and Sauls later moved to the Atlanta area. In 2007, the mother requested that the Atchisons, Sauls’ mother and stepfather, take custody of the child, and the Baldwin County Probate Court issued temporary letters of guardianship. In 2010, the Atchisons filed this petition for adoption under OCGA § 19-8-10.

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