Houston v. Smith

Full title: HOUSTON et al. v. SMITH

Court: Court of Appeals of Georgia

Date published: Jan 10, 1980

265 S.E.2d 374 (Ga. Ct. App. 1980)

265 S.E.2d 374

Opinion

58944.

SUBMITTED NOVEMBER 20, 1979.

DECIDED JANUARY 10, 1980.

Adoption. Whitfield Superior Court. Before Judge Temples.

Susan W. Bisson, for appellants.

James T. Fordham, for appellee.

QUILLIAN, Presiding Judge.

This is an appeal from a final order denying a petition for adoption. Held:

1. The sole issue was whether the natural father had abandoned the child thereby eliminating the need for his consent to the adoption. The trial court found from conflicting evidence that the father had not abandoned the child. If there is any evidence to support the findings of the trial judge in adoption proceedings, this court must affirm. Hamrick v. Seward, 126 Ga. App. 5 (1) ( 189 S.E.2d 882); Nix v. Sanders, 136 Ga. App. 859, 860 ( 223 S.E.2d 21); Peterson v. Spence, 146 Ga. App. 209 ( 245 S.E.2d 871). We find there is evidence to support the finding and affirm.

2. Appellants' contention that the trial court erred by failing to give the interests of the child proper consideration is not well taken. "If there is no parental consent and the natural parents have not abandoned the child, the court is required to deny the adoption." Johnson v. Eidson, 235 Ga. 820, 825 ( 221 S.E.2d 813).

Judgment affirmed. Smith and Birdsong, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED NOVEMBER 20, 1979 — DECIDED JANUARY 10, 1980.