[Aurora_Bell]

You are more concerned about saving your tail than caring for/providing for your daughter. I realize she wouldn't know you if you rang her doorbell; however, I don't see that that's your daughter's fault - or her mother's, for that matter.

And as far as trying the fatherhood "thing" again - please, not with my daughter or anyone else I know.

I had to spread the rep, but YES! I whole heatedly agree Judy.

[CaCO3Girl]

Sorry I know this thread is old but I am writing this for other's who stumble across this thread. FYI non payment of child support for 12 months IS in fact grounds for involentary termination of rights in GA. It won't make it a slam dunk, but it gets the mom about 755 of the way there, then she just has to throw in that there is a visitation schedule that he hasn't used for more than 6 months, and that the child doesn't know him and it will be a slam dunk... oh and just because your rights are terminated doesn't mean that you won't still have to pay child support for 18 years.

[JudyKayTee]

Sorry I know this thread is old but I am writting this for other's who stumble across this thread. FYI non payment of child support for 12 months IS in fact grounds for involentary termination of rights in GA. It won't make it a slam dunk, but it gets the mom about 755 of the way there, then she just has to throw in that there is a visitation schedule that he hasn't used for more than 6 months, and that the child doesn't know him and it will be a slam dunk...oh and just because your rights are terminated doesn't mean that you won't still have to pay child support for 18 years.

Can you post a citation on this? I don't doubt you but I can't find it.

[CaCO3Girl]

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code §§ 15-11-58; 15-11-94

The court may terminate a parent's parental rights when there is clear and convincing evidence of parental misconduct or inability, and the court finds that such termination is in the best interests of the child. The court by order may terminate the parental rights of a parent with respect to the parent's child if:
The parent has willfully failed to comply with a court order to pay child support for a period of 12 months or longer.
The parent has abandoned the child.
The child is a deprived child due to the lack of proper parental care or control, the cause of deprivation is likely to continue or will not likely be remedied, and the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.
The parent is unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child due to:
A medically verifiable deficiency of the parent's physical, mental, or emotional health
Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances
Incarceration of the parent that has a demonstrable negative effect on the quality of the parent-child relationship
Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature
Physical, mental, or emotional neglect of the child or evidence of past neglect of the child or of another child by the parent

Injury or death of a sibling that resulted from parental neglect or abuse
The child is not in the custody of the parent, and the parent without justifiable cause has failed significantly for a period of 1 year or longer prior to the filing of the petition for termination of parental rights:
To develop and maintain a parental bond with the child in a meaningful, supportive manner
To provide for the care and support of the child as required by law or judicial decree
To comply with a court-ordered plan designed to reunite the child with the parent
The parent has been convicted of the murder of the child's other parent.
A petition for termination of parental rights may also be filed when the court determines that reasonable efforts to reunite the child and parent are not required. Reasonable efforts shall not be required when:

The parent has subjected the child to aggravated circumstances that may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse.
The parent has:
Committed murder of another child of the parent or the other parent of the child
Committed voluntary manslaughter of another child of the parent
Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent
Committed a felony assault that results in serious bodily injury to the child or another child of the parent
The parental rights of the parent to a sibling have been terminated involuntarily.

[JudyKayTee]

Very interesting - and unusual. The exact wording is "A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer,, "

I'd love to find case law on this. I'm in NY and the words "wantonly and willfully" pretty much negate this circumstances.

In NY people refuse to pay Court ordered support (both fathers and mothers) and the Courts do absolutely nothing.

Thanks for posting this. I always love to learn something.

[CaCO3Girl]

Well since you are interested:

The Juvenile Code also authorizes the termination of parental rights when a parent has wantonly and willfully failed to comply with a child support order for a period of one year or longer. O.C.G.A. § 15-11-94(b)(2). Any complaint or petition alleging a failure to comply with a previous court order as a basis for termination should include a copy of that previous order attached to the complaint or petition. URJC, 4.1. The Court of Appeals has found that a mother's failure to provide child support for over one year did not justify termination when there was no request for child support and no court order mandating such action. Uniroyal Goodrich Tire Co. et al. v. Adams el al. 221 Ga. App. 705 (1996). The key to this standard appears to be whether the parent "wantonly and willfully" failed to comply with the court order. The Court of Appeals has upheld a decision by a juvenile court rejecting a termination petition where the trial judge defined "wantonly and willfully" based on precedence as "without reasonable excuse, with a conscious disregard for duty, willingly, voluntarily. and intentionally." In re H.B. and K.B. 174 Ga. App. 435 (1985). In that case the court found that the mother did not intentionally violate the court order for one year or longer when evidence showed that she had an extremely low income, tried to send $100 to the child's father and provided health insurance for the children by borrowing money and cashing in her retirement fund. Id. At 435. In another case, the Court of Appeals found that a father's failure to follow a child support order was not wanton or willful when he was laid off from his job and unable to pay child support. In re S.G.T. 175 Ga. App. 475 (1985). These cases were decided under O.C.G.A. § 15-11-51(a)(4) which was repealed when the General Assembly enacted Article II of the current Juvenile Code dealing with the Termination of Parental Rights in 1986. However, the language used in defining this particular ground for termination remains the same. O.C.G.A. § 15-11-1(b)(2).