Blackburn v. Blackburn

I respectfully dissent from the majority opinion.

Appellant divorced her husband in July 1979. Custody of their six-month-old son was awarded to appellant. In May 1981, appellant gave birth to an illegitimate female child. Appellee, the paternal grandmother of appellant’s legitimate child, thereafter filed a petition in the Superior Court of Jenkins County, Georgia, seeking custody of her grandson.

After hearing, the trial court found that appellant had by her conduct “surrendered her right to continued custody of the minor child” and awarded permanent custody to appellee. Appellant’s…