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In Re BDC
Citations: 350 S.E.2d 444; 256 Ga. 511; 1986 Ga. LEXIS 946Docket: 43842
Court: Supreme Court of Georgia; December 1, 1986; Georgia; State Supreme Court
The Supreme Court of Georgia ruled on December 2, 1986, in the case of In re B. D. C., reversing the Court of Appeals' decision regarding the temporary custody of B. D. C., a child whose grandparents sought custody following the death of his mother. The grandparents had been caring for the child since birth, providing for his needs, while the father had failed to make child support payments consistently, despite having a significant income. Evidence presented showed the father had minimal contact with the child, lacking involvement in his life, and often referred to him in a dismissive manner. The Supreme Court clarified that while a surviving parent is generally entitled to custody, this right can be forfeited if the parent is found unfit or has abandoned the child, as defined under Georgia law (OCGA 19-7-1). The court emphasized that to grant custody to the grandparents over the father, there must be clear and convincing evidence of abandonment or another legal ground. Importantly, the Court of Appeals misapplied the standard of review by weighing the evidence themselves rather than deferring to the trial court’s findings. Upon review under the correct standard, the Supreme Court concluded that there was sufficient evidence to support a finding of abandonment by the father. The judgment of the Court of Appeals was reversed, and the trial court's award of temporary custody to the grandparents was upheld. All justices concurred in the decision.