Legal Opinion · Dissent

In the Interest of J. M.

Court of Appeals of Georgia

Decided January 31, 2008No. A07A2485Published

1DissentRuffin, Judge

Because the evidence in this case does not support the trial court’s finding that appellant abandoned his opportunity interest in J. M., I dissent.

Our Supreme Court has stated that

unwed fathers gain from their biological connection with a child an opportunity interest to develop a relationship with their children which is constitutionally protected. ... It is, then, an interest which can be abandoned by the unwed father if not timely pursued. On the other hand it is an interest which an unwed father has a right to pursue through his commitment to becoming a father in a true relational sense…

2Cases cited5 opinions

  1. In Re Baby Girl EasonSupreme Court of Georgia · 1987
  2. In the Interest of A. L. E.Court of Appeals of Georgia · 2001
  3. In the Interest of L. S. T.Court of Appeals of Georgia · 2007
  4. In the Interest of J. L. E.Court of Appeals of Georgia · 2006
  5. In the Interest of D. S.Court of Appeals of Georgia · 2007

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