Georgia’s equitable caregiver statute lets someone other than a child’s legal parent seek custody or visitation.
What the Statute Requires
Under OCGA 19-7-3.1(d), to establish standing the court must “first find, by clear and convincing evidence,” that the person has:
- “[f]ully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life”;
- “[e]ngaged in consistent caretaking of the child”;
- “[e]stablished a bonded and dependent relationship with the child, which relationship was fostered or supported by a parent of the child, and such individual and the parent have understood, acknowledged, or accepted that or behaved as though such individual is a parent of the child”;
- “[a]ccepted full and permanent responsibilities as a parent of the child without expectation of financial compensation”; and
- “[d]emonstrated that the child will suffer physical harm or long-term emotional harm and that continuing the relationship between such individual and the child is in the best interest of the child.”
The statute allows no original action if the parents are not separated and the child lives with both, if the relationship arose from a juvenile court dependency case, or while DFCS has an open child welfare case involving the child or a parent. OCGA 19-7-3.1(h), (i).
What the Georgia Supreme Court Has Held
In Dias v. Boone, 320 Ga. 785 (2025), a mother ended her former partner’s contact with the child in 2018, before the statute’s July 1, 2019 effective date. Reversing the custody award to the partner, the Court held the statute “does not apply to parental conduct occurring before its effective date.”
In Venticinque v. Lair, 924 S.E.2d 312 (Ga. 2025), the trial court made the mother show the child would be harmed if the petition were granted. The Court vacated the resulting orders: the statute places no burden on the parent “to prove anything with respect to the issue of harm to the child.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!