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Brumbelow v. Mathenia, et al.

Court adopts a Georgia Supreme Court opinion that an unwed biological father of a child abandoned his opportunity interest to pursue a relationship with his son

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Dillard, Presiding Judge. In Mathenia v. Brumbelow,[1] the Supreme Court of Georgia reversed this Court’s opinion in Brumbelow v. Mathenia.[2] Accordingly, we vacate our prior opinion, and we adopt the opinion of the Supreme Court. The judgment of the trial court is affirmed. Judgment affirmed. Doyle, P. J., and Mercier, J., concur. A18A1117. Brumbelow v. Mathenia, et al. Dillard, Presiding Judge, concurring dubitante.1 I concur because my oath requires that I do so.2 But I continue to believe this Court’s original decision was correct, and I am troubled by the tone, reasoning, and holding of the Supreme Court of Georgia’s majority opinion. In essence, our Supreme Court has significantly diminished the constitutional rights of unwed biological fathers in Georgia and made it far more difficult for many of them to preserve their opportunity interest in a natural parent-child relationship. Indeed, if—as in this case—the biological mother unilaterally decides to cut of all communication with the biological father and place their child up for adoption, the biological father is now in the position of either harassing (to the point of stalking) the biological mother or forfeiting his opportunity interest in a parent-child relationship. Some may cheer this catch-22 because it is good for business. I do not.3 The majority also chastises this Court for pointing out and relying upon undisputed material facts4 admitted to by the mother under oath and ignored by the trial court in its order. Suffice it to say, although it is well within the province of a trial court to resolve conflicts in the evidence, that court should not be permitted to cherry pick some undisputed facts while conveniently ignoring others in order to achieve a seemingly predetermined result.5 This may now be the law, but it ought not be.

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