How a Change to Georgia’s Equitable Caregiver Law Might Affect Fathers’ Rights
When a child’s parents are no longer together or are unable to provide care for a period of time, non-parents often fill the gap so that the youth has proper adult supervision. In some cases, this occurs when a mother has primary custody of her son or daughter and then embarks on a new relationship with a different romantic partner. In 2019, Georgia enacted the Equitable Caregiver Act, a law that allows adults who have played a significant role in a child’s life to petition for legal recognition as a caregiver, opening the door to visitation rights. However, there are now questions as to whether conferring this status on non-parents constitutes an improper infringement on parental rights, particularly those of fathers.
In a case titled Dias v. Boone, Presiding Justice Nels Anderson of the Georgia Supreme Court questioned whether the Equitable Caregiver law violates the fundamental rights parents have concerning the “care, custody and control” of their children. This proceeding arose out of a relationship between two women, Michelle Dias and Abby Boone. Dias adopted a young infant while she was in a relationship with Boone. While Boone did not assume legal parenthood, the newborn girl was given “Boone” as a middle name.
Later on, the two women broke up, but Boone remained in the child’s life. She then sought equitable caregiver status shortly after the act was passed. Under Georgia law, an equitable caregiver must show that they have fully taken a parental role in a child’s life and that the youth will suffer physical or long-term emotional harm if the relationship is severed.
The Georgia Supreme Court reversed the order naming Boone as an equitable caregiver because it said the act could not be applied retroactively. While Presiding Justice Anderson’s decision did not overturn the Equitable Caregiver Act, it did question its constitutionality, citing precedent stating that custody could not be granted to a third party, absent parental unfitness, abandonment, voluntary relinquishment of parental rights or some other exceptional cause.
If you are a father concerned about the implications of the Equitable Caregiver Act, you might consider taking proactive steps to protect your parental rights. Whether it is a step-parent, a relative of your former partner or someone else, your rights as a father could be compromised if a third party is granted legal status in relation to your son or daughter. In the event that someone has already been established as an equitable caregiver of your child, you might want to keep track of further developments in the law by consulting with a qualified Georgia family law attorney.
The Law Office of S. Mark Mitchell, LLC in Newnan represents fathers in all types of custody and visitation matters under Georgia law, including post-divorce proceedings. Please call 470-344-8550 or contact me online to discuss your specific issue.
