Wellfort v. Bowick, 56409
| Decision Date | 16 October 1978 |
| Docket Number | No. 56409,56409 |
| Citation | 147 Ga.App. 565,249 S.E.2d 363 |
| Parties | WELLFORT et al. v. BOWICK. |
| Court | Georgia Court of Appeals |
Dubberly & Rahn, B. Daniel Dubberly, Jr., Glennville, for appellants.
Allen, Edenfield, Brown & Wright, B. Avant Edenfield, Susan E. Warren, Statesboro, for appellee.
This is an action to adopt a minor child. The petition of adoption alleged that the natural mother, the appellee, consented to the adoption, attaching to the petition an alleged written consent of appellee. The appellee filed an objection alleging in part that her consent was conditional in that she could regain the custody of her child within ninety days of the date of the consent and that she was revoking this conditional consent. The trial court, after making findings of fact and conclusions of law, denied the petition for adoption. Held:
1. The mother and several other witnesses testified that the mother signed the consent only because her stepmother promised that she could get the baby back any time within ninety days after signing. Even the stepmother testified at one point that this was her belief as well. Accordingly the trial court was authorized to find by the evidence that the consent was not intended to be final and that the consent was subject to the ninety-day right of revocation. Code Ann. 74-403(1) provides that But revocation may be had for good and sufficient cause. Duncan v. Harden, 234 Ga. 204, 214 S.E.2d 890. Good and sufficient cause was shown here. The trial court's findings of fact, conclusions of law and the judgment denying the petition were authorized by the evidence.
2. In her objection to the adoption petition, appellee also alleged that she signed the consent when she was not in control of her faculties and that she was sickly. Once the trial court found that the consent was not intended to be final and was subject to revocation, these issues were immaterial. Therefore, it was unnecessary for the court to make any factual findings respecting these allegations of being sick and not in control of her faculties.
3. The transcript of the evidence reflects that the trial court gave consideration to the investigative report by the Department of Human Resources as...
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B.G.D., In Interest of, A96A1224
...that parents may not revoke consent as a matter of right, but only for good and sufficient cause); see also Wellfort v. Bowick, 147 Ga.App. 565(1), 249 S.E.2d 363 (1978) (revocation of consent may be sustained for good and sufficient The Adoption Act of 1977 comprehensively revised the adop......
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Chandler v. Cochran
...in which a report had been made. Ward v. Dept. of Human Resources, 149 Ga.App. 99 (2), 253 S.E.2d 463 (1979); Wellfort v. Bowick, 147 Ga.App. 565 (3), 249 S.E.2d 363 (1978). As we have noted above, § 74-409(a) gives the trial judge discretion to take other steps deemed necessary to have the......
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Ridgley v. Helms, 66862
...prior to final adoption for good and sufficient cause." Duncan v. Harden, 234 Ga. 204, 206, 214 S.E.2d 890; accord: Wellfort v. Bowick, 147 Ga.App. 565(1), 249 S.E.2d 363. It is not contested that Sheryl's consent was not withdrawn within the ten-day period. Thus, there remains only two iss......