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Susan Hillv.Amy Burnett

CourtCourt of Appeals of Georgia
Docket No.A18A1655
DecidedMarch 7, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsChild CustodyConstitutional LawStatutory InterpretationReversalRemand
Case Summary

Susan Hill and Amy Burnett were former same-sex partners who had discussed and pursued pregnancy together, prepared for the twins’ birth, and treated Hill as a parent. After the relationship ended, Hill sued seeking legitimation, custody, and parenting time under theories including implied contract, promissory estoppel, and constitutional rights. The trial court dismissed the action and awarded Burnett more than twenty-five thousand dollars in attorney fees under the statute governing claims lacking a justiciable issue. On review of the fee award, the Court of Appeals held that Hill’s custody and visitation theories were supported by recognized persuasive authority from other jurisdictions, including psychological-parent and in-loco-parentis decisions. Those novel theories could not support fees under the statute merely because they were unlikely to succeed in Georgia. The court upheld fees attributable to the legitimation claim because Hill had not shown comparable legal support for that theory. It reversed the fee award as to custody and visitation, vacated the total award, and remanded for the trial court to allocate the fees. The court also upheld the payment deadline because no contempt judgment was involved.

Opinion

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Susan Hill V. Amy Burnett — The Atlanta Gleaner