Dial v. Dial

Summary

The Supreme Court of Georgia held that a husband was not legally obligated to pay child support for a child who was neither biologically related to him nor adopted by him. The court rejected applying virtual adoption and promissory estoppel because the husband had not asserted paternity, made a promise to assume the obligations of fatherhood, or entered into a support contract. The judgment awarding child support was reversed.

Holdings

1. The trial court erred in ordering Mr. Dial to pay child support because no legal relationship between Mr. Dial and B.C.W. was created through biology, adoption, guardianship, contract, or a promise sufficient to support promissory estoppel.

Questions Presented

1. Whether a husband who is neither the biological nor adoptive father of a child may be ordered to pay child support merely because the child lived in the marital home and he voluntarily provided support.
2. Whether the principles of virtual adoption, contract, or promissory estoppel created a legal obligation for Mr. Dial to support the child.

Disposition

reversed