Georgia’s Equitable Caregiver Statute, effective July 1, 2019, is located at OCGA 19-7-3.1 and gives standing to certain non-parents to obtain custody or visitation rights to children. Recent case law developments, however, have limited this right and it is important to be aware of your rights when confronted with a lawsuit under the Equitable Caregiver Statute.
Background
The Equitable Caregiver Statute generally requires:
- Consistent, permanent, and responsible parental role.
- Regular care taking.
- Emotional bond supported or accepted by at least one parent.
- Undertaken parenting responsibilities without expectation of payment.
- A continued relationship is in the child’s best interest and severance would cause physical or long-term emotional harm.
If standing is established under these elements then a court can award custody or visitation rights.
Dias v. Boone, February 18, 2025, Changes the Landscape
In Dias v. Boone, the trial court granted Boone equitable caregiver status after her romantic relationship with Dias ended. Boone alleged that she met all of the statutory criteria but all of the conduct occurred before the statute took effect on July 1, 2019.
The Georgia Supreme Court reversed the trial court’s order granting equitable caregiver status. The Court held that a trial court cannot grant equitable caregiver status based on conduct that occurred before the effective date of the statute.
The Court reasoned that parents have a constitutional right to raise their own children and that a person can only “waive” a constitutional right by making a “knowing and voluntary waiver.” Therefore, since all of the conduct in this case occurred before the effective date of the statute it was impossible for Dias to have “knowingly and voluntarily” waived this right under a statute that had not yet taken effect. The Court also reasoned that the legislature did not intend for retroactive application of the statute, and even if it had, this would raise serious constitutional issues.
Parents Now Have a Right to Direct Appeal
It is equally important to mention that the Court additionally held that parents have a right to appeal a decision by the trial court.
Previously, cases such as Sabrina Belflower v. William Mohler (a 2024 Georgia Court of Appeals case) and others held that parents do not have the right to a “direct appeal” and that a “discretionary application” was required.
Dias v. Boone overruled these prior holdings, holding that parents have a right to a direct appeal and that the Court of Appeals’ interpretation of the appellate statutes was overbroad. Therefore, Dias v. Boone unequivocally established a parent’s right to appeal an adverse ruling under the Equitable Caregiver Act.
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If you have been involved in an “equitable caregiver” lawsuit – either now or in the past – contact our firm as we may be able to help you.