The Georgia Supreme Court Should Uphold the Equitable Caregiver Act Which Extends Rights to Non-Biological Parents

The child’s best interests must prevail at all times. Parents should make all decisions for their children based on their child’s needs; everything else, including the “rights” of the parents should always be subservient to serving the child’s needs. The Georgia State Legislature understood this principle when it passed the Equitable Caregiver Act. However, the Georgia Supreme Court would be making a terrible mistake if it were to strike the Equitable Caregiver Act down.  

The Equitable Caregiver Act, which went into effect in Georgia in July 2019, allows an adult to seek custody or visitation rights of a child even if that person is not a legal parent. The law allows a judge to determine if a person can have parental rights if the person can demonstrate they had a “parental” role and a “bonded and dependent” relationship with the child if that relationship was “fostered or supported” by a parent of the child.  

The Equitable Caregiver Act was written to protect relations where a child becomes attached to a person taking care of him or her even if the person is not related by blood. For instance, suppose that a mother dates a man other than the biological father of a child. While they are dating, the man forms a relationship with the child and takes the child to the park and to doctor’s appointments, helps the child with homework, cooks for the child, and otherwise serves as a stepfather for the child even if the biological father is absent.  

If the mother and the new stepfather breakup, does the stepfather have any custody or visitation rights over the child? The Equitable Caregiver Act would give the stepfather the ability to fight for those rights, even if he is not the child’s blood relation.  

To be considered an equitable caregiver, an applicant must meet the following criteria: 

• The proposed parent has undertaken a full and complete parental role in the child’s life. 

• The proposed parent has provided consistent caretaking for the child. 

• The proposed parent has fully and permanently accepted parental responsibility for the child without expectation of monetary compensation. 

• The proposed parent has a bond with the child that has been fostered or supported by one or both of the parents. 

• The biological parent or parents acknowledge and accept that the proposed parent behaved in a manner consistent with a parental role. 

In a recent case, Dias v. Boone, Abby Boone had asked a trial court in Muscogee County to give her equitable caregiver status over Michelle Dias’ minor child. The trial court determined that Boone had presented “clear and convincing evidence” that the child would suffer emotional harm by discontinuing the relationship. 

Presiding Supreme Court Justice Nels S.D. Peterson expressed concern about the law in an order on a related case. Peterson wrote: “This case raises serious questions about whether the Equitable Caregiver Statute violates the fundamental right of parents to the care, custody, and control of their children.” 

The Child’s Best Interests Should Override Fundamental Right of Parents  

Many people make the mistake of believing that a parent has a “fundamental right” to their biological children. However, children are independent people from their parents, even if they are initially completely dependent on their parents when they are initially born. Parents should always conduct themselves in a manner that best suits their children, even if their own feelings or legal rights are hurt because of it.  

If a child is bonded with an adult as their primary caregiver, that adult is functionally their parent, even if the adult doesn’t share blood with them. Family is not about blood; it is about experience, time-shared together, and child-rearing. A biological parent who voluntarily spends no time with a child is less of a parent of than a non-biological parent who raises the child. Georgia state law, as of 2019, recognizes that family is more complex than blood. The Georgia Supreme Court should not impose its own archaic opinions. Otherwise, it would be the children who suffer from judicial overreach.  

Do I Need a Lawyer for My Family Law Issue? 

If you are having difficulty getting your divorce finalized, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.