Heath v. McGuire

While associating with and concurring fully with all that is said and the outcome reached by the majority in this case, I am compelled to make additional comments on the evidentiary burden and the standard of appellate review in termination-of-parental-rights cases where one parent has killed the other parent.

Generally, where a third party seeks termination of a parent’s rights with respect to a child, he must show by clear and convincing evidence that the child is deprived and that the parent is presently unfit. OCGA § 15-11-51 (a) (2) (Code Ann. § 24A-3201); In the Interest of H. L. T., 164…