
New Law Recognizes Importance of Equitable Caregivers in Georgia
More and more children depend upon grandparents and other family members for their care. Sometimes, the caregiver is a stepparent or a trusted friend of the family. The legal status of a stepparent or other adult caring for a child that is not biologically their own can be uncertain at in states that have not enacted legislation recognizing the important role non-parent caregivers play in modern society. The recent enactment in Georgia of O.C.G.A. ?19-7-3.1, commonly referred to as the Equitable Caregiver Act, grants legal recognition to the important role played by adults who may not share a familial relationship with a child for whom they provide care and support. Establishment of a full and complete parental role in the life of the child that is unequivocal, committed and permanent. The petitioner has consistently provided care for the child. The proposed caregiver fully and permanently accepted parental responsibilities without expectation of financial compensation. The existence of a bond between the proposed equitable caregiver and the child that has been fostered or supported by one or both of the parents of the child. The petitioner and the parent or parents must acknowledge and accept that the person requesting to be declared the equitable caregiver has behaved in a manner consistent with a parental role. Before a court may approve a request to grant parental rights to an equitable caregiver, the evidence presented in support of it must prove that severing the relationship will cause the child to suffer physical or long-term emotional harm and the best interest of the child would be served by continuing the relationship. Some of the factors courts must take into consideration in weighing the harm that may be caused by termination of a person?s relationship with a child include the following: Current and past caregivers. Psychological bonds the child may have formed and the strength of the bonds. The identity of other parties expressing an interest in or contact with the child. Medical or psychological needs of the child that may best be met by a particular party. The new law contains language making it clear that an order granting parental rights to an equitable caregiver does not extinguish the rights of other parents of the child.