Fill and Sign the Guardian Ad Litem 497315008 Form

            , 20             Chancellor P.O. Box             , MS       Re: In the Interest of:       , Cause No.       Dear Judge Grant: REPORT OF GUARDIAN AD LITEM Background and Basis for Report This matter is before the Court on the petition of       , individually and as the next friend and natural mother of       , to terminate the parental rights of       .       is the natural mother of       , a (fe)male child born on             , 20       .       is the natural father of       .       is       ’s husband. On             , 20       , this Court adjudicated       to be the natural father of       . The Court further ordered       to reimburse       in the lump sum of $       for the support of       . The Court also order Mr.       to pay child support in the amount of $       per month for the support of       . The Court granted       the permanent care, custody, and control of       , and granted Mr.       certain rights of visitation. This report is based on the following: 1. Review of the pleadings in cause no.       ; 2. Review of the pleadings in cause no.       ; 3. Interview of       on             , 20       ; 4. Interview of       on             , 20       ; 5. Telephone interview of       on             , 20       ; 6. Telephone interview of       on             , 20       ; 7. Attendance at hearing on petition on             , 20       , which hearing was continued; 8. Conversation with       on             , 20       ; and 9. Review of the pertinent case and statutory law.       scheduled two appointments with me. He did not keep either one. Mr.       did tell me that he desired only to know what       wanted to do in regard to this petition to terminate parental rights.       has told me that he wants Mr.       ’s parental rights to be terminated.       stated that he would be willing to tell this to Mr.       over the telephone, but that he did not want to personally meet with him. Findings Grounds for termination of parental rights are codified at Miss. Code Ann. § 93 - 15 - 103(3). Abandonment "Abandonment" refers to any conduct by a parent that evidences a settled purpose to forgo all duties and relinquish all parental claims to the children. Natural Mother V. Parental Aunt, 583 So.2d 614, 618 (Miss.1991)       has abandoned       . This conclusion is based on the following: 1. No Contact With       For Over One Year. Based upon my interviews with       ,       and       , I learned that the last contact Mr.       had with       took place over two years ago. That contact was the result of a chance meeting at       . At that time, Mr.       came up to       , told him that he was his father, and gave him a piece of paper that had his address and phone number on it.       later ripped up the piece of paper Mr.       gave him. In the last two years, Mr.       has had no contact with       whatsoever. No phone calls, letters, cards, or any other communications. Pursuant to Miss. Code Ann. § 93 - 15 - 103 (3) (a)1 it is grounds for termination of parental rights if a parent has made no contact with a child of three years of age for a period of one year. The last contact Mr.       made with       was approximately two years ago. Therefore, Mr.       has statutorily abandoned       . 2. Lack of Support. On             , 20       , this Court ordered Mr.       to pay       the lump sum of $       for the support of       for the preceding year. The Court further ordered Mr.       to pay the sum of $       per month for the support of       . Mr.       has paid approximately $       in child support since       ,       . The last payment was in       . Since       , Mr.       has not made any financial contribution toward the support of       . 3. Erosion of Parental Relationship. Mr.       ’s conduct has caused a substantial erosion of the parental relationship between himself and       . To put it simply, there is no parental relationship between       and Mr.       nor has there ever been one. The first time I met       was when I interviewed him on             ,       .       told me that he did not know Mr.       any better than he knew me.       also told me that he does not want to see Mr.       .       and Mr.       are basically strangers. There is no father - son/daughter relationship between them, and there is no credible chance that there ever will be one.       regards       as his dad and refers to him as such.       wants his last name to be “       ”. Pursuant to Miss Code Ann. 93 - 15 - 103(3)(e), it is grounds for termination of parental rights when there is extreme antipathy by the child toward the parent, or where there is a substantial erosion of the relationship between the parent and child which was caused in part by the parent's neglect, absence, or failure to visit or communicate. As set forth above, Mr.       neglected       his entire life, absented himself from him for over one year, contumaciously failed to support him, and has not visited or communicated with him in about two years.       ’s attitude toward Mr.       is not as much one of antipathy as it is of unfamiliarity.       simply does not know Mr.       and has no emotional ties to him.       ’s unfamiliarity with Mr.       was caused by Mr.       ’s failure to ever establish a parental relationship with       . Mr.       ’s conduct evinces a settled purpose to forgo all his parental duties and to relinquish his parental claims to       . Accordingly, Mr.       ’s parental rights with respect to       should be terminated. Best Interest of the Child In determining whether the proposed termination of parental rights is in the best interest of       , the Court should consider the Albright factors. Albright vs. Albright, 437 So.2d 1003 (Miss.1973). 1. Age of Child.       is       years old. His date of birth is             ,       . 2. Health and Sex of the Child.       is a male child and is in good health. 3. Continuity of Care. There is no question that       has had continuity of care with       since his birth. Mr.       has had virtually no meaningful contact with       since he was born. During the last two years,       has established a father - son relationship with       . 4. Parenting Skills/Capacity to Provide Child Care. Since Mr.       has never established a parental relationship with       , he has never demonstrated whether he has the requisite skills to take care of       . On the other hand,       has demonstrated during the course of       ’s life that she has the requisite parenting skills and the capacity to take care of       . Likewise, during the last two years,       has demonstrated the capacity to care and provide for       . 5. Employment of Parents.       is employed at       as a warranty manager and service advisor.       is employed at       as a       .       ’s hours are from       to       ;       ’s are from       to       . Because of their work schedules,       takes the kids to school and       is home when the kids get home from school.       has assisted       in supporting       since they got married about       years ago. 6. Physical and Mental Health of the Parents.       reported that she and       enjoy good physical health. They do not have any mental health problems.       stated (in her lay opinion) that Mr.       is emotionally unstable. As an example,       stated that Mr.       told his other children that his current wife is possessed by the devil. 7. Emotional Ties of Parent and Child. The emotional ties between       and       are very strong, as       has raised       since birth. The emotional ties between       and       also seem very strong.       and       profess to love each other and they each desire to have a father - son relationship. As stated above, there is no parental relationship between Mr.       and       . 8. Moral Fitness of Parents. No evidence has been presented to me that either       or       is morally unfit as a parent. However,       did report that Mr.       has served time in the prison at       , Mississippi. Mr.       has also failed to financially support       , in defiance of the order of this Court. 9. Home School and Community Record of       .       has       children by a prior marriage:       who is       ,       who is       , and       who is       .       of these children,       and       , live at home.       has one other child from a prior marriage, namely,       who is       .       and       reside in a       .       reports that the       is adequate to house       and the other children.       and       both stated that       gets along very well with       ’s children and with       .       said he liked having       and       as his       .       is about to finish the       grade at       . Next year       will attend the       .       does       in school.       and       participate in a lot of activities together, such as       . 10. Preference of the Child. Although       is not yet of an age where he can express a binding preference,       strongly desires that Mr.       ’s parental rights be terminated. 11. Best Interest and Welfare of       . The best interest of       would be served by terminating Mr.       ’s parental rights. Mr.       has never established a parental relationship with       - he is, in fact, a stranger to       . Mr.       has not financially or emotionally supported       since he was born.       has a good home environment.       and       have a father - son relationship, as       thinks of       as his dad.       ultimately desires to adopt       and       desires to be so adopted. Mr.       can only further hinder       , and his parental rights should be terminated. RECOMMENDATION       ’s parental rights as to       should be terminated for the following reasons: a. Mr.       has not had contact with       for over one year, which constitutes grounds for termination of parental rights pursuant to Miss. Code Ann. § 95 - 15 - 103(3) (a). b. Due to the fault of Mr.       , the relationship between him and       has substantially eroded, which constitutes grounds for termination of parental rights pursuant to Miss. Code Ann. §95 - 15 - 103 (3) (e). Mr.       has contumaciously failed to satisfy his support obligations to       . B.       termination of the parental rights of       as to       is in       ’s best interest for the following reasons: a.       and       provide a stable home environment for       . b. There are strong emotional ties between       ,       and       . c. Mr.       has contumaciously failed to meet his financial support obligations for       . d. Mr.       has failed to support the emotional needs of       . e.       is well - adjusted to his home, school and community. f.       and       have demonstrated the willingness and capacity to provide financial and emotional care for       . g.       has had continuity of care of       , whereas Mr.       has not had any meaningful participation in       ’s life. h.       thinks of       as his dad. i. It is important to       to have “       ” as his last name. j.       and       are financially able to provide for       . k. Either       or       is available to supervise       when he is not in school. 1.       and       are in good physical and mental health and are suitable and proper parents for       . m. Although       is not of an age sufficient to express a binding preference1 he desires to have Mr.       ’s parental rights terminated. Accordingly, I join in the prayers for relief set forth in the petition for termination of parental rights filed cause no.       . Sincerely yours,