In the Interest of K. A. C. Et Al., Children., 229 Ga. App. 254, 493 S.E.2d 645 (1997)
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Judgment affirmed. Pope, P. J., and Johnson, J., concur.
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Judgment affirmed. Pope, P. J., and Johnson, J., concur.
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Martin C. Jones, for appellant.
Curtis A. Crecelius appeals the trial court's termination of his parental rights to his biological children: K. A. C., age four years old, J. W. C., age two and one-half years old, and J. L. C., age two and one-half years old. Crecelius asserts several enumerations of error.
1. In his first enumeration of error, Crecelius contends that the trial court erred in denying his motion to dismiss the termination petition, noting that the only grounds for termination alleged in the petition were parental misconduct and inability based on his failure to communicate with the minor children or provide for their care and support. OCGA
In In the Interest of B. L.,
2. Crecelius contends that the trial court erred in terminating his parental rights based on his history of drug use and instability of residency, because such factors were not clearly and concisely alleged in the petition for termination. However, Crecelius failed to raise this issue in the trial court, and we will not address an issue raised for the first time on appeal. Cf. In the Interest of S. J. M.,
3. In his final enumeration of error, Crecelius contends that the trial court was presented with insufficient evidence for a rational trier of fact to find by clear and convincing evidence that there was a likelihood of future deprivation of, and serious injury to, the children involved herein.
"OCGA
Viewed in this light, the record shows that on October 26, 1995, the trial court entered an unappealed from order in which it found that the children were deprived. The trial court granted temporary custody to the petitioners in the present case, the children's maternal grandfather and his wife. In such order, the trial court found that Crecelius had limited contact with the children and had provided little or no support for the minor children since April 1995. The court directed Crecelius to pay child support of $100 per week. The court further directed that Crecelius was required to sustain a period of stability, including consistency in employment, residence, absence of substance abuse, and support and contact with the children, before the court would consider reunification.
On January 26, 1996, the trial court held a hearing in this matter and determined that the children were deprived. The court awarded permanent custody of the children to the petitioners in the present case. The trial court further determined that Crecelius had failed to comply with its temporary order having failed to pay the required child support. The court ordered Crecelius to pay $90 per week in child support and $10 per week on the arrearages incurred. Again, the trial court ruled that Crecelius was required to demonstrate a sustained period of stability prior to the court considering reunification.
At the hearing on the present petition, the undisputed evidence showed Crecelius saw the children only twice for a few hours each visit during the first two weeks in February 1996. Crecelius made only two $100 child support payments in the beginning of February 1996. After that time, the petitioners did not hear from or see Crecelius. Although there was evidence of past drug use, there was no evidence of recent drug use, and Crecelius testified that he had not taken drugs for a year and a half. Dr. Jack Farrar, a licensed clinical psychologist, testified that he believed the children were deprived when in Crecelius' custody and that such deprivation would likely continue if they resided with Crecelius. He based his recommendation on information regarding Crecelius' drug use, his incarceration for DUI, his failure to comply with the probation requirements, his failure to maintain a steady residence, and his failure to support or contact the children. Although Dr. Farrar testified that if Crecelius was rehabilitated his opinion would be different, the credibility of Crecelius' testimony was for the trial court to determine.
Crecelius testified that he resides in a two-bedroom trailer with his fiancee and her two little girls. At the time of the hearing, he had lived at such address for one week. He is self employed as a mason. He estimated that his income for the past year was approximately $14,000. He testified that he had been with his fiancee for almost two years. Crecelius admitted that he did not try very hard to visit with his children and that he did not pay the required child support. He stated that if he had to do it over again he would "make every effort at whatever cost." He stated that he currently has insurance and a valid driver's license. He further stated that he is working hard in his business. He requested more time to work on his visitation with the children.
We are bound by the trial court's findings that the children are deprived and that such deprivation was caused by Crecelius in its unappealed orders. See In the Interest of J. M. D., supra at 558. We further find that the evidence was sufficient to show that such deprivation was likely to continue. Crecelius admitted that he had not paid child support in a year and that he had not visited with the children. Furthermore, "he did not offer any justifiable cause or other satisfactory explanation for his failure to provide financial support for his children. The juvenile court was well within its discretion to give great weight to the father's failure to provide support in its decision to terminate his parental rights." In the Interest of C. G. A.,
Under the present circumstances, we must also conclude that there was sufficient evidence to support the trial court's finding that the continued deprivation "is likely to cause serious physical, mental, emotional, or moral harm to the [children]." OCGA
Harrison & Harrison, Stephen P. Harrison, Kelley S. Powell, R. Victor Page, Jr., Sharon S. Whitwell, for appellee.
Notes:
1. OCGA
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