IN THE INTEREST OF: K. C. O.

53666.

142 Ga. App. 216 (1977)

235 S.E.2d 602

IN THE INTEREST OF: K. C. O.

Court of Appeals of Georgia.

Decided April 19, 1977.

Rehearing Denied May 6, 1977.


Attorney(s) appearing for the Case

John R. Ulmer, for appellant.

Arthur K. Bolton, Attorney General, Walter M. Deriso, Deputy Assistant Attorney General, Carol Atha Cosgrove, Assistant Attorney General, for appellee.


DEEN, Presiding Judge.

1. The mother urges that the motion to dismiss the petition for failure to state a claim should have been granted. This is based upon the fact that she did not have legal custody of the child and that if the child were "deprived" it was not at her hands. Of course, the reason why she did not have custody at the time of the hearing on termination of her parental rights is that the juvenile court had made a prior (and apparently uncontested) finding...

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