Neill v. Brannon, 320 Ga. App. 820

Neill appeals the trial court's grant of Brannon's legitimation petition for her seven-year-old daughter C. B. N.
Brannon is the biological father; the court must address abandonment of the opportunity interest and the child's best interests in legitimation.
Brannon had not contacted or supported the child for years after learning of paternity in 2006 and filed the petition in 2011.
Brannon admitted he knew Neill's address since 2006 and the parents' addresses but took no steps to contact them until 2010–2011, despite education and access opportunities.
Brannon was arrested in 2008 for meth possession, completed treatment, and was unemployed by 2012, with ongoing child support arrears.
Neill's challenge also argued Brannon was not fit and that legitimation would not be in the child's best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brannon abandoned his opportunity interest	Neill: abandonment shown by inaction.	Brannon: no timely pursuit or communication persistently proven to be abandonment.	Brannon abandoned his opportunity interest
Whether legitimation was in C. B. N.'s best interest	Neill: best interest not shown; risk to child from relationship with estranged father.	Brannon: legitimation benefits the child and legitimates paternal relationship.	Not in best interest; reversal affirmed

In re Interest of M. K., 288 Ga. App. 71 (Ga. Ct. App. 2007) (establishes threshold abandonment inquiry in legitimation)
Binns v. Fairnot, 292 Ga. App. 336 (Ga. Ct. App. 2008) (abuse of discretion standard; abandonment framework)
In the Interest of J. S., 302 Ga. App. 342 (Ga. Ct. App. 2010) (abandonment basis for denial of legitimation petition)
In the Interest of J. L. E., 281 Ga. App. 805 (Ga. Ct. App. 2006) (genetic testing not required precondition to file legitimation)
Matthews v. Dukes, 314 Ga. App. 782 (Ga. Ct. App. 2012) (abandonment evidence supports denial of legitimation)