Sellers v. Sellers

4 Citing cases

  1. Johnson v. Taylor

    292 Ga. App. 354 (Ga. Ct. App. 2008)   Cited 7 times
    Determining that evidence authorized finding that stepfather’s adoption was in the child’s best interest, where the biological father had "very limited" contact with the child and provided "virtually no financial or parental support" for the child for at least one year preceding the filing of the adoption petition, and where the stepfather had meanwhile been involved in the child’s daily life by participating in his activities, teaching him skills, and generally functioning as a loving, concerned parent and the stepfather had financially supported the child and demonstrated his ability to do so in the future

    (Citation and punctuation omitted.) Sellers v. Sellers, 277 Ga. App. 814 ( 627 SE2d 882) (2006). We do not weigh the evidence or assess witness credibility, but defer to the trial court's factual findings and affirm unless this standard is not met. Davis v. Rathel, 273 Ga. App. 183 ( 614 SE2d 823) (2005).

  2. Johnson v. Hauck

    812 S.E.2d 303 (Ga. Ct. App. 2018)   Cited 3 times

    It follows that the clear and convincing standard of proof necessarily applies to all allegations made in support of a petition for adoption filed pursuant to OCGA § 19-8-10, regardless of whether the petition is filed under subsection (a) or subsection (b). See OCGA § 19-8-10 (b) ; Thorne , 259 Ga. at 651, 386 S.E.2d 155 ; see also In the Interest of Marks , 300 Ga. App. 239, 245-46 (2) (b), 684 S.E.2d 364 (2009) (applying a "clear and convincing" standard to the OCGA § 19-8-10 (b) analysis); Smallwood v. Davis , 292 Ga. App. 173, 175 (1), 664 S.E.2d 254 (2008) (same); Sellers v. Sellers , 277 Ga. App. 814, 816-17 (1), 627 S.E.2d 882 (2006) (same). Apart from a single reference to OCGA § 19-8-10 (b) (2), the petition in this case was devoid of any factual allegations "demonstrating the applicability" of that statute, as required by the express language of OCGA § 19-8-13 (7).

  3. Smallwood v. Davis

    292 Ga. App. 173 (Ga. Ct. App. 2008)   Cited 11 times
    Reversing trial court's adoption decree because, in part, it relied on subsection of OCGA § 19–8–10 that was not applicable in light of petitioner not basing allegations on such subsection

    On appeal from an order severing parental rights based on an adoption petition, we view the evidence in the light most favorable to the trial court's findings and determine whether a rational trier of fact could have found by clear and convincing evidence that the biological parent's rights have been lost. Sellers v. Sellers, 277 Ga.App. 814, 627 S.E.2d 882 (2006).          Viewed in favor of the trial court's findings, the evidence shows that Smallwood and William Davis are the biological parents of A.E.D., who was born on October 17, 1998.

  4. In the Interest of M. J. P

    659 S.E.2d 402 (Ga. Ct. App. 2008)   Cited 3 times

    McCollum v. Jones, 274 Ga. App. 815, 821 (3) ( 619 SE2d 313) (2005).Sellers v. Sellers, 277 Ga. App. 814, 817 (1) ( 627 SE2d 882) (2006). See In the Interest of T. B., 267 Ga. App. 484, 487 (1) ( 600 SE2d 432) (2004); In the Interest of T. C., 282 Ga. App. 659, 662 (1) ( 639 SE2d 601) (2006).