Georgia has a unique law called the Equitable Caregiver Act (ECA). It allows people other than parents or biological relatives to petition for legal custody of a child, as well as visitation and other rights.
To seek custody under this law, a person needs to demonstrate that they have:
- “Fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life,” providing “consistent caretaking of the child”
- “Established a bonded and dependent relationship with the child,” that’s supported by at least one of the biological parents
- “Accepted full and permanent responsibilities as a parent of the child without expectation of financial compensation”
The person seeking equitable caregiver status also needs to show that “the child will suffer physical harm or long-term emotional harm and that continuing the relationship…is in the best interest of the child.”
Those granted custody and parental rights under this law are typically stepparents, long-term partners of a child’s biological parent, grandparents and other relatives who have formed a close relationship with a child and acted, for all intents and purposes, in a parental role.
The primary purpose of the law is to help provide stability for a child who may have an absent or unfit parent when another adult has stepped in to care for them. Typically, at least one of the child’s legal parents has to give their consent, although granting equitable caregiver status to someone doesn’t dissolve a parent’s legal rights.
The Georgia Supreme Court case
When a legal parent challenges a petition, things can get tricky. This year, the Georgia Supreme Court ruling raised questions about the constitutionality of the law.
The case involved the former partner of a woman who had been granted equitable caregiver status and joint custody of the woman’s child over the objection of the child’s mother, who claimed the law was unconstitutional. The high court determined that since their relationship with the child occurred before the law was enacted in 2019, it didn’t apply and the former partner didn’t qualify for equitable caregiver status.
The presiding justice, however, noted in the court ruling that the case raised “serious questions” about whether the law “violates the fundamental right of parents to the care, custody, and control of their children.” The court, however, did not overturn the law.
Whichever side of an ECA petition you find yourself on, it’s crucial to fully understand the law and your rights. Having experienced legal guidance is key.