Brazell v. Anderson

Court of Appeals of Georgia

Brazell v. Anderson

146 S.E.2d 921, 113 Ga. App. 15, 1966 Ga. App. LEXIS 947

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1966

Docket41664

StatusPublished

Cited by5 cases

This text of 146 S.E.2d 921 (Brazell v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brazell v. Anderson, 146 S.E.2d 921, 113 Ga. App. 15, 1966 Ga. App. LEXIS 947 (Ga. Ct. App. 1966).

Pincite

Opinion

Eberhardt, Judge.

1. Where the natural mother of a child has not given her written consent to its adoption and she has not abandoned her rights to it, the superior court is without power to grant an order of adoption to third parties. Code § 74-403. This is true although the natural father may have given his written consent to the adoption.

2. The mere leaving of a child in custody of another for a length of time (here, approximately nine years) does not constitute abandonment. Johnson v. Strickland, 88 Ga. App. 281 (76 *16 SE2d 533); Holbrook v. Rodgers, 105 Ga. App. 219 (124 SE2d 443). Failure to supply the child with the necessities of life, though an element of abandonment, is not alone sufficient, and this is particularly true as to the natural mother, the duty of affording the necessities being that of the father. Code § 74-105; Blue Ridge Park Nurseries v. Owen, 41 Ga. App. 98 (4) (152 SE 485).

Submitted January 10, 1966 Decided January 20, 1966. Dawson & Phillips, Richard D. Phillips, for appellant. R. L. Carr, for appellees.

3. The evidence fails to show an abandonment by the mother, and since she has given no written consent to the child’s adoption, the granting of the order was error.

Judgment reversed.

Bell, P. J., and Jordan, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Eberhardt, Judge.

1. Where the natural mother of a child has not given her written consent to its adoption and she has not abandoned her rights to it, the superior court is without power to grant an order of adoption to third parties. Code § 74-403. This is true although the natural father may have given his written consent to the adoption.

2. The mere leaving of a child in custody of another for a length of time (here, approximately nine years) does not constitute abandonment. Johnson v. Strickland, 88 Ga. App. 281 (76 *16 SE2d 533); Holbrook v. Rodgers, 105 Ga. App. 219 (124 SE2d 443). Failure to supply the child with the necessities of life, though an element of abandonment, is not alone sufficient, and this is particularly true as to the natural mother, the duty of affording the necessities being that of the father. Code § 74-105; Blue Ridge Park Nurseries v. Owen, 41 Ga. App. 98 (4) (152 SE 485).

Submitted January 10, 1966 Decided January 20, 1966. Dawson & Phillips, Richard D. Phillips, for appellant. R. L. Carr, for appellees.

3. The evidence fails to show an abandonment by the mother, and since she has given no written consent to the child’s adoption, the granting of the order was error.

Judgment reversed.

Bell, P. J., and Jordan, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

146 S.E.2d 921, 113 Ga. App. 15, 1966 Ga. App. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brazell-v-anderson-gactapp-1966.

Opinion

Related

Cite This Page — Counsel Stack