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Parker v. Stone

The appellant had no legal interest in the adoption proceeding, because paternity testing excluded his half-brother as 2-year-old child's biological father.

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Richard Stone and Anita Stone filed a petition to adopt two-year-old A. S., whom they had cared for since he was five days old. It is undisputed that A. S. was born out of wedlock, that the parental rights of A. S.’s mother had previously been terminated, that A. S. had not been legitimated by his biological father, and that a paternity test excluded Corey Williams as A. S.’s biological father. Jerimi Parker, Williams’ half-brother, filed a motion to dismiss the Stone’s adoption petition, claiming Williams surrendered to him his parental rights to A. S. The trial court denied Parker’s motion to dismiss and ultimately granted the Stones’ adoption petition. Parker appeals the trial court’s denial of his motion to dismiss and the final judgment of adoption. We affirm the denial of his motion to dismiss, and we dismiss his appeal of the final judgment of adoption. In an adoption proceeding, the trial judge sits as both the judge and jury; he decides the weight and credibility of the evidence and is vested with a broad range of legal discretion.1 This broad discretion will not be controlled by this Court except in cases of plain abuse.2

1. Parker first contends the trial court erred in denying his motion to dismiss the adoption petition. We disagree.

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