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Mellies v. Dearborn

Evidence that a 3-year-old's grandparents had cared for him since his birth and that his mother failed to support him as required by law supported the grant of the grandparents' petition to adopt the child.

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Having cared for their three-year-old grandson from birth, Kathy and Donald Dearborn successfully petitioned to adopt him on the grounds that his mother for over a year failed to provide for the child and that adoption was in the boy’s best interests. We affirm, holding that evidence showing that the mother for over a year paid no money for the boy’s support and that the Dearborns provided the loving care for the boy sustains the judgment.

Even though the birth mother may object, OCGA § 19-8-10 b 2 authorizes a court to grant an adoption petition if i the birth mother, for a period of one year or longer immediately prior to the filing of the adoption petition, has without justifiable cause significantly failed to provide for the care and support of the child as required by law, and ii the court finds that adoption is for the best interests of the child. Since the mother challenges the sufficiency of the evidence, we address both factors.

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