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Teresa Hooper Et Al.v.Aaron Hedgepath

CourtCourt of Appeals of Georgia
Docket No.A16A2119
DecidedFebruary 7, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Timothy and Teresa Hooper petitioned to adopt a child and terminate the parental rights of Aaron Hedgepath, who had temporarily placed the child in their care while he was incarcerated. The trial court denied the adoption petition and the request to terminate Hedgepath’s rights after applying the wrong subsection of Georgia’s adoption statute. The Court of Appeals vacated the order. The governing subsection depended on whether the petitioners qualified as relatives and on the statutory route for a third-party adoption, issues the trial court had not analyzed under the correct framework. Because the legal standard was wrong, the appellate court did not decide whether Hedgepath had abandoned the child, whether the Hoopers were entitled to adoption, or what disposition served the child’s best interests. The case was remanded with direction for the trial court to apply the proper statutory subsection and conduct the required analysis. Two judges concurred.

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Teresa Hooper Et Al. V. Aaron Hedgepath — The Atlanta Gleaner