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In re J.H.10/7/1999
that he has sent the child numerous cards and gifts since his incarceration, such recent efforts to nurture this child, like the father's efforts at self-improvement, fall short of negating years of exposing the child to drug abuse, drug trafficking, alcoholism, violence, and suicide attempts, as well as the instability resulting from his mother's mental illness. In the Interest of T. B. R., supra. All of these problems are directly attributable to the father's pre-confinement lifestyle and to the fact that the father has been unavailable to care for the child due to his current incarceration.
In addition, such efforts do not alter the fact that the father is presently depriving his child of the full benefit of his irrevocable trust. As to the father's claim on appeal that he has provided financially for the child by creating the trust, the trial court found that,
hile the creation of the trust may be seen as an act of generosity by the donor [father], it may also be seen as sinister manipulation of resources, protecting them from victims who may have a compelling claim on them, while still allowing the donor to retain complete control of, and benefit from, them.
After hearing the evidence at trial, the trial court found the latter to be true. The trial court also found that the fact "that more than a hundred thousand dollars of the child's estate may have been wasted could be considered as evidence of current child deprivation" by the father. (Emphasis supplied.) This is in addition to the fact that the father has failed to pay any child support since 1996, even though he earned approximately $50,000 annually while imprisoned. See OCGA § 15-11-81 (C) (ii).
It also would be reasonable to infer from this evidence that, if the father's rights are not terminated, he will continue to draw from the child's trust as long as possible, perhaps until it is depleted. This indicates that such deprivation is likely to continue in the future. OCGA § 15-11-81 (b) (4) (A) (iii).
There is little doubt that such continued deprivation will cause J. H. serious harm. The father is serving a life sentence and has admitted that he will not be eligible for parole until 2007 at the earliest. If the father's rights are not terminated, J. H. will be committed to spending his entire childhood in temporary care, in the hope that his father will be released from prison and will be able and willing to care for him. In the Interest of T. B. R., supra at 477. For a vulnerable child who desperately needs and desires stability, such arrangement is unacceptable. See In the Interest of R. N., 224 Ga. App. 202, 205 (480 SE2d 243) (1997).
Accordingly, we find that the trial court's finding of parental misconduct or inability on the part of the father was supported by clear and convincing evidence. This same evidence also supports the trial court's finding that termination of the father's parental rights was in the child's best interest. In the Interest of C. J. V., supra at 778; In the Interest of A. C., supra at 398. There was no error.
Judgment affirmed. Pope, P. J., and Smith, J., concur.
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