In this stepparent adoption case, Morgan Marks filed a petition to terminate the parental rights of Michele Marks, the biological mother of ten-year-old G. M. M., and to adopt the girl. The Superior Court of Carroll County granted the petition after finding that Michele Marks had abandoned her daughter by failing to communicate with her in a meaningful and supportive manner and by failing to pay child support while she the mother was incarcerated. Michele Marks appeals, contending that there was insufficient evidence to support the termination of her parental rights. Because we find that there was insufficient clear and convincing evidence to show that Michele Marks’ failure to communicate with and support G. M. M. was without justifiable cause, or that the circumstances which caused G. M. M.’s deprivation were likely to continue, we reverse the court’s order terminating Michele Marks’ parental rights. In light of this ruling, the court’s grant of Morgan Marks’ petition to adopt G. M. M. is reversed by operation of law. On appeal from an order terminating parental rights based on an adoption petition, we construe the evidence favorably to the trial court’s ruling and determine whether any rational trier of fact could have found by clear and convincing evidence that the biological parent’s rights to custody have been lost. We do not weigh the evidence or assess witness credibility, but defer to the trial court’s factual findings and affirm unless this standard is not met. Citations and punctuation omitted. Johnson v. Taylor , 292 Ga. App. 354 665 SE2d 49 2008. So viewed, the relevant evidence showed that Michele Marks hereinafter, “the mother” married Jeffrey Marks “Marks” in 1993, and their daughter, G. M. M., was born in July 1999. The couple divorced in June 2002, and the court granted custody of G. M. M. to Marks. The court granted the mother supervised visitation with the child and ordered her to pay Marks $40 per week for childcare costs in lieu of child support. Instead of having the mother pay for childcare, however, Marks allowed the mother to watch G. M. M. on weekdays while he worked.
It is undisputed that both the mother and Marks used illegal drugs until 2002, when G. M. M. was three years old. Marks testified that he stopped using illegal drugs in 2002, but the mother continued to abuse drugs. Even though Marks knew about the mother’s drug abuse, he continued to allow her to visit with G. M. M. from 2002 to 2004.
