Right of Abusive Parent to Recover from Child

In Blackstone v.Blackstone, 2006 WL 3361431 (Ga.App.) the court considered whether a fatherhad forfeited his right to recover as an heir from his son’s estate uponallegations of cruel treatment and lack of support during his son’s lifetime. Duringhis son’s life, Cal Blackstone had been incarcerated numerous times, and whenhe was not confined, he brutally abused his wife and children. In holding thatthe father had not lost his right to recover despite such allegations, thecourt said,

We find no authority under Georgia law to warrant a holding that Cal Blackstone’s right to recover as an heir under thelaws of descent and distribution was forfeited by his treatment and/or lack ofsupport for Corey during his son’s lifetime. While the type of cruel treatmentalleged in this case may result in the loss of parental power and consequentloss of a parents’ right to bring and recover the proceeds from a wrongfuldeath action for the homicide of a child, Georgia’s laws of descent and distribution are silent on the issue.