context: Nothing in the Code, however, provides that an adjudicatory hearing may not go forward if the child's parent, guardian, or legal custodian declines to attend the hearing. Thus, so long as a child's legal custodian is afforded his right to notice of all delinquency proceedings, he may waive his right to be present and to be heard at those proceedings.
citation_a.signal: see
citation_a.identifier: 291 Ga. 380, 385
citation_a.parenthetical: "[l]ike most other rights, the right to be present may be waived or forfeited by a party"
citation_a.sentence: See Kesterson v. Jarrett, 291 Ga. 380, 385 (2) (b) (728 SE2d 557) (2012) (“[l]ike most other rights, the right to be present may be waived or forfeited by a party”); In the Interest of I. W., 304 Ga. App. 225, 227 (1) (695 SE2d 739) (2010) (father could not assert error based on fact that juvenile court proceeded with a deprivation hearing despite the father’s absence; the father “knew of the impending hearing and was afforded an opportunity to present his evidence and objections, but he chose not to participate” and thereby waived his right to be heard). A waiver of such rights occurs where, as here, a legal guardian who has received notice of a delinquency hearing elects not to appear at that proceeding.
citation_b.signal: see also
citation_b.identifier: 246 Ga. App. 85, 86
citation_b.parenthetical: despite the fact that the mother was a party to the proceeding to terminate her parental rights, she could nevertheless "waive the right to be present during trial proceedings by voluntarily absenting herself from the court"
citation_b.sentence: See also Cormier v. Cormier, 280 Ga. 693, 694 (1) (631 SE2d 663) (2006) (husband in a divorce proceeding waived his right to be present and to be heard at trial where he “was properly informed and had actual knowledge of the trial date, but... chose not to participate”); In the Interest of A. G. I., 246 Ga. App. 85, 86 (1) (539 SE2d 584) (2000) (despite the fact that the mother was a party to the proceeding to terminate her parental rights, she could nevertheless “waive the right to be present during trial proceedings by voluntarily absenting herself from the court”) (footnote omitted).