In the Interest of V. B. L., 306 Ga. App. 709

Smith, the maternal grandmother and legal guardian of V. B. L., appeals a juvenile court order granting Christian's petition to legitimate.
Christian is V. B. L.'s biological father; paternity confirmed by DNA testing after he learned of his status in 2009.
V. B. L. was born May 25, 2000; Brandy identified Barry Lewis as the biological father.
Smith had custody due to deprivation findings and non-support, with extensions granted in 2005, 2007, and 2009.
Christian intervened in 2009, the court granted his legitimation petition, and Smith filed a discretionary appeal; the issue is review for abuse of discretion and correct standard in evaluating abandonment and legitimation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court used the correct standard for abandonment of the opportunity to develop a relationship.	Smith argues the court did not consider Christian's pre-discovery actions.	Christian contends the proper framework on abandonment is satisfied by the post-discovery relationship.	Reversed and remanded for consideration of pre-discovery actions.
Whether legitimation rests on fitness or the child's best interests.	Smith contends the focus on fitness was improper without best interests consideration.	Christian argues legitimation can rest on fitness.	Not addressed due to Division 1 holding; remand for Division 1 analysis.

In re Baby Girl Eason, 293 Ga. App. 471 (Ga. App. 2008) (recognizes continuum of unwed fathers' interests in parental involvement)
LaBrec v. Davis, 274 Ga. 5 (Ga. 2001) (opportunity/inchoate interest may begin before birth; pre-discovery actions may matter)
Davis v. LaBrec, 274 Ga. 5 (Ga. 2001) (affirmed LaBrec's treatment of biological father's interest and notice rights)
In the Interest of A. A., 293 Ga. App. 471 (Ga. App. 2008) (cited as related appellate authority on legitimation decisions)