Long v. Kingsfield

Court of Appeals of Georgia

Long v. Kingsfield

216 S.E.2d 904, 135 Ga. App. 23, 1975 Ga. App. LEXIS 1540

CourtCourt of Appeals of Georgia

DecidedJune 5, 1975

Docket50507

StatusPublished

Cited by2 cases

This text of 216 S.E.2d 904 (Long v. Kingsfield) 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.

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Long v. Kingsfield, 216 S.E.2d 904, 135 Ga. App. 23, 1975 Ga. App. LEXIS 1540 (Ga. Ct. App. 1975).

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Opinion

Quillian, Judge.

Under that which was held in Sale v. Leachman, 218 Ga. 834 (131 SE2d 185), where the father has made a payment for the support of his child within the twelve-month period immediately preceding the filing of a petition to adopt the child, and, as here, the evidence authorized a finding that he has not "wantonly and wilfully” failed to comply for said period with the terms of the support decree, it cannot be said that he wilfully failed to comply with a court order to support the child and thereby waived the requirement of his consent for the adoption of the child. Code Ann. § 74-403 (2) (Ga. L. 1941, pp. 300, 301; 1950, pp. 289, 290; 1957, p. 367; 1960, pp. 791, 792; 1967, pp. 107, 108).

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

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Quillian, Judge.

Under that which was held in Sale v. Leachman, 218 Ga. 834 (131 SE2d 185), where the father has made a payment for the support of his child within the twelve-month period immediately preceding the filing of a petition to adopt the child, and, as here, the evidence authorized a finding that he has not "wantonly and wilfully” failed to comply for said period with the terms of the support decree, it cannot be said that he wilfully failed to comply with a court order to support the child and thereby waived the requirement of his consent for the adoption of the child. Code Ann. § 74-403 (2) (Ga. L. 1941, pp. 300, 301; 1950, pp. 289, 290; 1957, p. 367; 1960, pp. 791, 792; 1967, pp. 107, 108).

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

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Bluebook (online)

216 S.E.2d 904, 135 Ga. App. 23, 1975 Ga. App. LEXIS 1540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-kingsfield-gactapp-1975.

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