In the Interest of A. D. L. III

Evidence that the biological father failed to pay court-ordered child support for 19 months and failed to contact his son for 20 months prior to the termination hearing supported the termination of his parental rights.

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Appellant, the biological father of A. D. L., III and the non-custodial parent, appeals the Chatham County Juvenile Court’s termination of his parental rights contending, among other things, that the trial court erred: a in failing to set forth explicit findings establishing parental misconduct or inability under OCGA § 15-11-94 b. The termination petition, filed by the child’s biological mother from whom the appellant was divorced in June 1997, sought the termination of appellant’s parental rights for non-support and abandonment of the child for a period exceeding one year before the petition to terminate was filed. After its hearing, the trial court ordered the termination of the appellant’s parental rights, finding parental misconduct or inability for wanton and willful non-support and as in the best interest of the child. OCGA § 15-11-94 a b 2.

Pertinently, the record shows that the parties were married in 1993. Their son, A. D. L, was born in 1995. The following year the couple separated and divorce proceedings were instituted. On October 31, 1996, a trial judge of the Chatham County Superior Court issued a temporary order in the divorce action, among other things, ordering the appellant to pay $80.00 per week as child support starting October 27, 1996. When the final decree of divorce was entered in June 1997, the appellant was ordered to pay child support in the amount of $660.00 per month upon the finding that his gross annual income was $40,000. Thereafter, the superior court twice issued contempt orders against the appellant. The first of these cited the appellant for his failure to deliver a medical insurance policy for the benefit of the child and the second such order, issued a month later, cited the appellant for his failure to pay court-ordered child support. Notwithstanding the foregoing, no evidence of record reflects the appellant’s payment of child support from early February 1997 through its termination hearing in August 1998.

In the Interest of A. D. L. III

Evidence that the biological father failed to pay court-ordered child support for 19 months and failed to contact his son for 20 months prior to the termination hearing supported the termination of his parental rights.

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