Georgia Adoption Court Cases

Georgia Court Case: Thomas v. Trust Co. Bank
This case involves an inter vivos trust which was established in 1928. Under the trust agreement, the lifetime income beneficiary is the settlor's son, and the remaindermen are "the children born or to be born" of the son. When the trust was established, the settlor's son was married, and there was one child born of this marriage. However, the son subsequently divorced, and he and his new wife adopted two children...


Georgia Court Case: In re Baby Girl Eason
David R. Scharlach filed a petition for legitimation of his biological child in Cobb Superior Court on December 30, 1986. The petition was answered and objected to by Nola Dekota Eason, the child's mother, and by Christian Homes for Children, Inc., a child placement agency with which the mother placed the child for adoption. A married couple who sought to adopt the child were allowed to intervene...


Georgia Court Case: Mock v. Mock
In this case the trial court found both parents equally fit to raise the minor child. However, the trial court granted custody of the child to the father because of his further finding that the mother was at fault in causing the divorce...


Georgia Court Case: Ivey v. Ivey
Toni Long Ivey filed a complaint for divorce from Charles Allen Ivey. The parties have two children: Jared (defendant's son by a previous marriage who was adopted by plaintiff) and Nathan. Plaintiff sought temporary and permanent custody of the children, temporary and permanent alimony and child support, and an equitable division of property. Defendant did not contest the divorce; but counter-claimed for custody of the children, "especially the oldest child [Jared]," pointing out that he is Jared's biological parent and plaintiff is Jared's adoptive parent...


Georgia Court Case: Miller v. Walker
The Trustee will take, manage, use, invest, and re-invest such sums of money as may be turned over to the Trustee by Grantor or by his Executor for the education, maintenance, and support of the daughter of Grantor, [N. J.], and the descendants of [N. J.], the Trustee being empowered to use the Trustee's absolute discretion as to the amounts of interest and principal to use or pay out for the said purposes...


Georgia Court Case: In re C.N.W.
A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, where there is any guardian of that child...


Georgia Court Case: In re T.M.G.
This Court granted certiorari to review the Court of Appeals' ruling that appellants are collaterally estopped from seeking to adopt TMG, because appellants "acted and were treated as parties" in appellees' earlier adoption proceeding. n1 This Court, however, has previously held that appellants were not parties to appellees' adoption proceeding. Moreover, the issue to be decided...


Georgia Court Case: Spires v. Bittick
Appellee filed a petition to adopt his stepson after his wife, the child's natural mother and custodial parent, died. The petition alleged that appellant, the child's natural father, abandoned the child as evidenced by his intentional lack of contact with and failure to make court-ordered support payments for the child. The trial court denied appellant's motion to dismiss and granted the adoption...


Georgia Court Case: Curde v. Matson
The appellee petitioned to adopt his wife's three minor children by a previous marriage. The mother consented to the adoption, but the appellant, who is the biological father of the children, did not. The superior court nevertheless granted the petition, concluding that the appellant had failed significantly during the year immediately prior to the filing of the petition to provide for the care and support of the children as required by law or judicial decree and further concluding that the adoption was in the best interests of the children. The appellant contends on appeal that these findings were not supported by clear and convincing evidence...


Georgia Court Case: Pacella v. Sanchez
The evidence showed that Lucinda Pacella's eldest child, a daughter, was fathered by Pacella while the couple was unmarried. When she was eight months pregnant she married Sanchez, who is listed as the child's father on the birth certificate. Approximately eighteen months later, Lucinda divorced Sanchez, but the child is not mentioned in the divorce decree. A son was conceived during a reconciliation attempt with Sanchez, but Lucinda married Pacella and did not inform Sanchez of her pregnancy until the child was six weeks old...


Georgia Court Case: In the Interest of J.R.
This is an appeal from the order of the juvenile court terminating the parental rights of the natural mother and father of J. R., a three-and-a-half-year-old boy. The court also placed physical custody with the maternal aunt and her husband. The claim is that the Department of Human Resources, acting by and through the local Department of Family & Children's Services...


Georgia Court Case: Emory University v. Dorsey
This appeal arises out of an action against appellants, a physician and hospital, for medical malpractice and wrongful death. The lawsuit was brought by appellees, the deceased's parents, as executors of the deceased's estate and as the adoptive parents of the deceased's minor child. Following the denial of appellants' motion for partial summary judgment, we granted this interlocutory appeal to consider whether the minor...

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