In RE: T. F. T., CHILDREN (FATHER)
CourtCourt of Appeals of Georgia
Date FiledOctober 22, 2026
DocketA26A1086
StatusPublished
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Full Opinion
THIRD DIVISION
DILLARD, P. J.,
GOBEIL and PIPKIN, JJ.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
October 22, 2026
In the Court of Appeals of Georgia
A26A1086. IN RE: T. F. T. et al., CHILDREN (FATHER).
PIPKIN, Judge.
On March 24, 2025, the trial court held an evidentiary hearing and entered a
final order granting Christopher Robert Carroll’s petition to adopt his two
stepchildren and terminating biological father Jason Michael Tabb’s parental rights
to the children. Tabb, who is incarcerated, now appeals pro se, arguing, in addition to
his substantive attack on the final order, that the trial court lacked personal
jurisdiction over him due to defects in the summons and service of the petition and
erred in ignoring his request to attend the final hearing either by video or in person on
the sole ground that Tabb “did not submit a proposed production order to the court
to produce himself in anticipation of the final hearing.” While Tabb waived his
defense of lack of personal jurisdiction, he is correct that the trial court erred in
ignoring his request to attend the final hearing solely because Tabb did not submit a
proposed production order, which the trial court never instructed him to file.
Accordingly, we vacate the trial court’s final order and remand the case for further
proceedings.
1. Tabb contends that the trial court lacked personal jurisdiction over him.
However, Tabb waived any defense of lack of personal jurisdiction, so this contention
provides no basis for reversal.
On January 2, 2025, Carroll filed a petition to adopt his two stepchildren and
to terminate Tabb’s parental rights pursuant to OCGA § 19-8-6 and OCGA § 19-8-10.
On February 25, 2025, Tabb filed his answer along with an affidavit describing his
involvement in the children’s lives, his attempts to maintain contact with and support
them while in prison, and actions allegedly taken by the children’s mother and Carroll
to prevent him from communicating with and providing support for his children while
incarcerated. Tabb did not file a motion to dismiss under OCGA § 9-11-12(b)(2) (lack
of jurisdiction over the person) before or at the time that he filed his answer, and he
did not assert in his answer a defense of lack of personal jurisdiction. Thus, he waived
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any defense of lack of personal jurisdiction. See OCGA § 9-11-12(h)(1) (“A defense
of lack of jurisdiction over the person ... is waived: (A) If omitted from a motion [to
dismiss]; or (B) If it is neither made by motion under this Code section nor included
in a responsive pleading, as originally filed.”). Accordingly, the trial court has
personal jurisdiction over Tabb.
2. Tabb also contends that the trial court erred in ignoring his request to attend
the final hearing either by video or in person — whichever the court preferred —on
the ground that he did not submit a proposed production order to the trial court. We
agree.
(a) On January 6, 2025, the trial court entered an order setting a final hearing
on Carroll’s petition for adoption and termination of parental rights for March 24,
2025. In his answer, which he filed on February 25, 2025, Tabb specifically requested
that “a Production Order be entered by this Honorable Court ordering the attendance
of the Defendant, appearing Pro Se, to any hearing on this matter, either by video
court or in person, whichever may please the Court.”
At the March 24, 2025 final hearing, Carroll’s attorney acknowledged that “[i]n
his answer, Your Honor, he [i.e., Tabb] did, I guess, ask about a CPO [i.e., a court
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production order] or being able to attend via video conference.” She stated that, “to
the best of my knowledge, Your Honor, he has not submitted any type of order to the
Court,” and she argued that
because [Tabb] is pro se, Your Honor, I would submit to the Court that
it’s his responsibility and his responsibility alone, representing himself,
to submit an order in order to be a part of this hearing. If that is what he
wanted to do. He didn’t do that. And I would be asking the Court to
move forward with the hearing today ... .
Carroll’s attorney cited no authority for the proposition that an incarcerated pro se
parent who has requested in writing that the trial court issue a production order to
allow him to attend a final hearing on a petition to terminate his parental rights is
required to file a proposed production order in order to participate in the final hearing.
The trial court moved on with the final hearing, and Carroll and the children’s
mother testified. The court made a finding on the record that Tabb was properly
served through personal service. The court also made a finding that Tabb “failed to
respond appropriately and to present any evidence. And therefore, the evidence that
has been presented today is unrefuted.” The court then signed and filed the final
order granting Carroll’s petition for adoption and terminating Tabb’s parental rights.
In the final order, the court observed in passing that “Tabb, who ... is currently
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incarcerated[,] ... did not submit a proposed production order to the court to produce
himself in anticipation of the final hearing, and [he] did not appear for the hearing.”
The court cited no authority for the proposition that Tabb was required to file a
proposed production order to participate in the final hearing on the termination of his
parental rights.
(b) Tabb argues that neither the statute governing the production of prisoners
for judicial proceedings in state courts of record, see OCGA § 24-13-60, nor any other
Georgia legal authority requires an incarcerated pro se litigant to file a proposed
production order as a condition of participating in a civil trial. In response to Tabb’s
argument, Carroll points to no Georgia legal authority imposing such a requirement,
and we are not aware of any such authority. Cf. Uniform Superior Court Rules 7.2,
21.6, 44.11 (requiring litigants to file proposed orders in just three narrowly
circumscribed instances). And while the trial court certainly could have ordered Tabb
to file a proposed production order and proceeded with the final hearing without him
if he failed to comply, the record on appeal is devoid of any order from the trial court
requiring Tabb to file a proposed production order. See Treadaway v. State, 308 Ga.
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882, 887(2) (843 SE2d 784) (2020) (“It is well established in Georgia that a trial court
may request ... a proposed order from either party.”).
Tabb had both constitutional and statutory rights to participate in the final
hearing on the termination of his parental rights. See Ga. Const. of 1983, Art. I, Sec.
I, Par. XII (“No person shall be deprived of the right to prosecute or defend, either
in person or by an attorney, that person’s own cause in any of the courts of this
state.”); Kesterson v. Jarrett, 291 Ga. 380, 380, 392(2)(f) (728 SE2d 557) (2012)
(holding that “[u]nder the longstanding law of Georgia, the parties to a lawsuit have
a fundamental right to be present in court during the trial of their case,” and that this
rule extends to any real party in interest). See also OCGA §§ 19-8-10(c)(1), 19-8-
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18(a)(1).1 The trial court therefore erred in essentially denying Tabb’s request to
participate in the final hearing on the sole ground given. Accordingly, we vacate the
final order and remand the case for further proceedings.
Judgment vacated and case remanded. Dillard, P. J., and Gobeil, J., concur.
1
OCGA § 19-8-10(c)(1) says:
Whenever it is alleged by any petitioner that surrender or termination of
rights of a living parent is not a prerequisite to the granting of a petition
for adoption of a child of such parent ... , such parent shall be personally
served with a conformed copy of the adoption petition ... . A parent who
receives notification pursuant to this paragraph shall not be a party to the
adoption ... but shall have the right to appear in the pending adoption
proceeding and show cause why such parent’s rights to the child who is
the subject of the proceeding should not be terminated by that adoption.
OCGA § 19-8-18(a)(1) says:
Upon the date appointed by the court for a hearing of the petition for
adoption ... , the court shall proceed to a full hearing on such petition and
the examination of the parties at interest in chambers, under oath ... .
[T]he court may in its discretion allow ... any witness to appear via
electronic means in lieu of requiring his or her physical presence before
the court.
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