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Alizota v. Stanfield

The superior court erred in exercising jurisdiction over a couple's adoption petition that sought to terminate the putative father's parental rights on the basis that the father deprived the child.

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Emmanuel Alizota appeals from the trial court’s entry of judgment terminating his parental rights and granting a petition of adoption of S. K. filed by Ryan and Melissa Stanfield.1 Alizota argues that the evidence was insufficient to support the trial court’s order. For the reasons that follow, we vacate the superior court order terminating Alizota’s parental rights and granting the Stanfields’ petition for adoption.

The record reflects that on December 9, 2009, M. K. was arrested for driving under the influence while S. K., approximately six months old at the time, was in her vehicle. The Department of Family and Children Services “the Department” took S. K. into shelter care and then placed her with the Stanfields pending a deprivation hearing. On January 22, 2010, the Juvenile Court of Fayette County entered an order adjudicating S. K. deprived as to the mother on the grounds of neglect, lack of proper parental care and supervision, and drug use. At this time, the Department began formulating a reunification case plan, in which they also included Alizota, who was the putative father of S. K.

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