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Evelyn Belliveau Et Al.v.Wendell Lee Floyd

CourtCourt of Appeals of Georgia
Docket No.A21A0505
DecidedMay 18, 2021
Reporter276 Ga. 778
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawConstitutional LawStatutory InterpretationDue ProcessVacaturRemand
Case Summary

Evelyn and Daniel Belliveau appealed an order granting Wendell Floyd’s petition to legitimate a child born during their marriage and terminating Daniel’s parental rights. Floyd was the biological father, and genetic testing confirmed paternity, but the superior court granted legitimation without holding an evidentiary hearing. The Court of Appeals of Georgia held that the trial court properly could order genetic testing under the legitimation statute, but it could not decide the petition on pleadings, briefs, affidavits, and a guardian ad litem report alone. The statute required a hearing with notice to interested parties, and the guardian’s report could not substitute for testimony subject to the required procedures. The court also explained that abandonment of a biological father’s opportunity interest must be considered before the child’s best interests, and the trial court had not applied that sequence on an evidentiary record. The court vacated the legitimation and parental-rights order and remanded for further proceedings.

Opinion

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Evelyn Belliveau Et Al. V. Wendell Lee Floyd — The Atlanta Gleaner