Georgia Equitable Caregiver Statute
GEORGIA EQUITABLE CAREGIVER STATUTE
Official Code of Georgia Annotated 19-7-3.1
The Georgia Equitable Caregiver Statute was passed a year ago to give individuals who are NOT the biological parents of a child the opportunity to receive custody or visitation rights. This would include a stepfather, stepmother, or a partner who lives in the home with the child, based on the following criteria. The individual requesting caregiver status must have:
Fully and completely undertaken a permanent, unequivocal, committed, and responsible parenting role in the child’s life;
Engaged in consistent caretaking of the child;
Established a bonded and dependent relationship with the child that was fostered or supported by a parent of the child, and such individual and the parent have understood, acknowledged, or accepted or behaved as though such individual is a parent of the child; and
Accepted full and permanent responsibilities as a parent of the child without expectation of financial compensation.
In addition, the caregiver must prove to the Court that the child will suffer physical OR emotional harm if the relationship is not continued, and that an ongoing relationship is in the best interest of the child.
There are other hoops for the caregiver to jump through, but they are not insurmountable as long as the caregiver and the child have bonded and evidence is presented regarding the strength of those bonds.
The Equitable Caregiver Statute helps fill a void in the law, allowing an unrelated adult to establish custody or visitation. This is important for a stepparent who is divorcing the parent of a child and benefits a nonbiological partner in a same sex relationship to be treated as a stepparent, assuming they meet the conditions stated above.
Please let your clients know about this law so they can continue to have a warm and loving relationship with a child who has played an important role in their life. An Affidavit can be found on the Forms for Therapists page of my website that will start the process toward securing these rights.
I am available for telephone consults on legal and ethical issues in your therapy practice by scheduling an appointment at howardgoldconsulting.com.
Stay safe and keep Zooming,
Howard