Kirkland v. Lee

When I first reviewed Baker v. Nicholson, 158 Ga. App. 267 (279 SE2d 717), I considered it an appropriate procedural adjunct to Burch v. Terrell, 154 Ga. App. 299 (267 SE2d 901), and concurred without reservation. Now, however, I find myself convinced by the majority opinion that the better course is to refrain from judicial legislation while preserving for a parent faced with a prima facie showing of a significant failure to support or communicate, the opportunity to demonstrate that the failure is not properly attributable to the parent’s fault and an opportunity to urge on the appellate…