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Baker v. Nicholson

Court of Appeals of Georgia
Mar 3, 1982
289 S.E.2d 829 (Ga. Ct. App. 1982)

Opinion

62975.

DECIDED MARCH 3, 1982.

Termination of parental rights. Gordon Superior Court. Before Judge Pope.

James C. Bonner, Jr., Christopher J. Hamilton, Maureen A. Cahill, Thomas J. Killeen, for appellant.

Thomas E. Shanahan, for appellees.


This is the second appearance of this adoption proceeding in our court. In Baker v. Nicholson, 158 Ga. App. 267 ( 279 S.E.2d 717) (1981), we remanded the case to the trial court for a finding regarding justifiable cause for appellant father's failure to support or communicate with his children prior to the termination of his parental rights. On remand the trial court exercised its discretion and found no justifiable cause for appellant's failure to support or communicate with his children despite the fact that appellant was incarcerated for two years preceding the initiation of adoption proceeding by the children's stepfather.

The trial court found that the adoption was in the children's best interest. In view of our Supreme Court's decision in Chandler v. Cochran, 247 Ga. 184 ( 275 S.E.2d 23) (1981) and this court's recent decision in Kirkland v. Lee, 160 Ga. App. 446 ( 287 S.E.2d 365) (1981) and Curtis v. Jones, 160 Ga. App. 904 (1982), we must affirm the trial court.

Judgment affirmed. Shulman, P. J., and Birdsong, J., concur.

DECIDED MARCH 3, 1982.


Summaries of

Baker v. Nicholson

Court of Appeals of Georgia
Mar 3, 1982
289 S.E.2d 829 (Ga. Ct. App. 1982)
Case details for

Baker v. Nicholson

Case Details

Full title:BAKER v. NICHOLSON et al

Court:Court of Appeals of Georgia

Date published: Mar 3, 1982

Citations

289 S.E.2d 829 (Ga. Ct. App. 1982)
289 S.E.2d 829

Citing Cases

Gaskins v. Fowler

See generally Kirkland v. Lee, 160 Ga. App. 446, 450 ( 287 S.E.2d 365) (1981). Accord Baker v. Nicholson, 161…