Allifi v. Raider
323 Ga. App. 510
| Ga. Ct. App. | 2013Background
- Raider petitioned to legitimate his child T. R., with the mother Allifi; the trial court denied the petition and appellate review followed.
- Green, the stepfather, petitioned to adopt T. R. after Raider’s legitimation petition was denied; Green’s petition remained pending.
- Raider later moved to set aside the judgment on his legitimation petition, arguing lack of jurisdiction due to a prior acknowledgment of legitimation under OCGA § 19-7-22(g)(2).
- The trial court granted Raider’s motion to set aside, concluding the legitimation order was based on a mistake of fact and preempted by the acknowledged legitimation.
- This Court granted discretionary review and consolidated the cases, reversing the trial court on both the legitimation set-aside and the adoption petition issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the set-aside of the legitimation judgment was proper | Raider contends lack of jurisdiction and that the judgment was invalid due to reliance on a prior acknowledgment. | Allifi argues the set-aside was proper based on lack of validity of the underlying order due to mistake. | Reversed; set-aside improper; remanded for consistent proceedings. |
| Whether Raider is a ‘parent’ for purposes of Green’s adoption petition | Raider’s status as a parent is supported by the voluntary acknowledgment of legitimation. | Raider’s status is unresolved after the set-aside ruling; adoption must consider legal father status. | Remanded to determine Raider’s status as legal father under the acknowledgment. |
Key Cases Cited
- In re Pickett, 131 Ga. App. 159, 205 S.E.2d 522 (Ga. Ct. App. 1974) (parental rights once established; constitutionally constrained)
- Brine v. Shipp, 291 Ga. 376, 734 S.E.2d 393 (Ga. 2012) (subject-matter jurisdiction and legitimation context)
- Sauls v. Atchison, 316 Ga. App. 792, 730 S.E.2d 459 (Ga. Ct. App. 2012) (concerns about expedited legitimation statutes)
- Shepherd v. Metro. Property & Liability Ins. Co., 163 Ga. App. 650, 294 S.E.2d 638 (Ga. Ct. App. 1982) (precedent on paternity and acknowledgment frameworks)
- Edge v. Edge, 290 Ga. 551, 722 S.E.2d 749 (Ga. 2012) (diligence and relief standards in judgment-set aside contexts)
- In re C. N. W., 274 Ga. 765, 560 S.E.2d 1 (Ga. 2002) (biological father’s rights in adoption contexts)