Cobb Legal Aid explains Georgia Equitable Caregiver Act and alternatives for relatives and caregivers

Charmaine Anwar, an attorney with Cobb Legal Aid, told attendees at the Cobb Superior Court Law Library that Georgia’s Equitable Caregiver Act lets third parties seek custody or visitation without terminating a biological parent’s rights.

The statute, passed in 2019, creates a procedure under which a person who has acted in a parental role can petition the court for “equitable caregiver” standing; the petitioner must meet a clear-and-convincing evidentiary standard and file an initial pleading and affidavit setting out facts that support the parental-like relationship, Anwar said.

Anwar said the law is aimed at providing stability for children who have lived with nonparents in a consistent, parental-like role. “The equitable caregiver act essentially allows third parties to establish custody and visitation without…