On March 4, 2010, William Robert Meadows filed a petition to legitimate his biological son, who was born out of wedlock to Jonell Caldwell on December 30, 2007. Following a hearing, the trial court granted Meadows’ petition; awarded joint legal custody of the child to both parents, with physical custody in the mother; granted visitation to Meadows; and ordered Meadows to pay child support. Caldwell appeals. 1. Caldwell first asserts that the trial court applied an erroneous legal theory that excluded the issue of abandonment during pregnancy in considering the issue of legitimation and instead found that the only pertinent issues were whether the father supported his son and whether he had a meaningful relationship with the child. Caldwell argued below and argues on appeal that Meadows waived his opportunity interest in the child by offering her no emotional or financial support during her pregnancy. Before granting a petition to legitimate, the court must initially determine whether the father has abandoned his opportunity interest to develop a relationship with the child. Then, depending on the nature of the putative father’s relationship with the child and other surrounding circumstances, the standard for evaluating whether legitimation is appropriate is either a test of his fitness as a parent or the best interest of the child. Footnote omitted. Morris v. Morris , 309 Ga. App. 387, 388-389 2 710 SE2d 601 2011. “In making this determination, the court must examine the benefits that might flow to the child if he were legitimated and to consider the legal consequences of the grant of the petition.” Citations and punctuation omitted. Adamavage v. Holloway, 206 Ga. App. 156, 157-158 1 424 SE2d 837 1992. Moreover, the trial court must consider that
a biological father’s opportunity interest begins at conception and may endure through the minority of the child, but it may 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 as well as in a biological sense. Factors which may support a finding of abandonment include, without limitation, a biological father’s inaction during pregnancy and at birth, a delay in filing a legitimation petition, and a lack of contact with the child. Punctuation and footnotes omitted. Morris v. Morris , 309 Ga. App. at 389 2.This Court reviews a trial court’s ruling on a legitimation petition for an abuse of discretion. Id. Caldwell met Meadows in Florida when she became a student in his college psychology class in January 2007. They began a sexual relationship in March 2007, and Caldwell discovered that she was pregnant in early May 2007. The relationship ended in mid-2007, and Caldwell and Meadows had no contact from August 4, 2007 to November 30, 2007, when she e-mailed him to let him know she would be seeking child support. Caldwell testified that she had refrained from contacting Meadows during this almost four-month period at his request. Shortly thereafter, on December 4, 2007, Meadows went shopping with Caldwell and purchased a breast pump and some additional baby-related items. The parties met two additional times before their son was born on December 30, 2007. Meadows visited her at the hospital the night the child was born, although he did not attend the birth. Caldwell and the baby went to Meadows’ apartment upon the child’s release from the hospital and spent several days there before they moved to Georgia to live with her parents.
