Equitable Caregiver Act Georgia: Who Qualifies and How It Works

Georgia's Equitable Caregiver Act, codified at O.C.G.A. § 19-7-3.1, opened a legal pathway that did not exist before: it allows adults who have served as a child's primary caregiver — without being a biological or adoptive parent — to petition for custody or visitation in Superior Court. For grandparents and relatives who have raised a child for years without formal legal status, this statute can change the landscape entirely.

What the Act Does

The Equitable Caregiver Act allows a person who has functioned as a parent to petition the court for custody or visitation based on that established relationship. It uses a different test from the traditional third-party custody route under O.C.G.A. § 19-7-1(b.1), but it is not based on caregiving history alone. To establish standing, a petitioner must prove the statutory elements by clear and convincing evidence, including that the child will suffer physical or long-term emotional harm and that continuing the relationship is in the child's best interest.

This matters because many kinship caregivers have been the child's day-to-day parent for years — handling school, medical care, daily routines — without any court order. The act recognizes that severing that bond can itself cause harm to the child.

Who Qualifies

To establish standing as an equitable caregiver, a petitioner generally must demonstrate by clear and convincing evidence that they:

• Fully and completely undertook a permanent, unequivocal, committed, and responsible parental role in the child's life
• Engaged in consistent caretaking of the child
• Established a bonded and dependent relationship with the child that a parent fostered or supported, with the petitioner and parent understanding, acknowledging, or accepting the parental role
• Accepted full and permanent responsibilities as a parent without expecting financial compensation
• Demonstrated that the child will suffer physical harm or long-term emotional harm and that continuing the relationship is in the child's best interest

The standard is high — occasional babysitting or weekend visits do not qualify. The court looks for a sustained parental role and the statutory harm and best-interest findings. The statute also allows a court to grant standing based on a parent's consent or a written caregiving agreement.

How It Differs From Traditional Third-Party Custody

Under the older third-party custody statute (O.C.G.A. § 19-7-1(b.1)), a non-parent must first rebut the parental presumption by proving harm to the child by clear and convincing evidence. Only then does the court consider best interest.

The Act provides a separate framework for a court to recognize a caregiving relationship. Unlike the third-party custody route, its statutory findings focus on the caregiver's role, the child's bond, and the harm the child would suffer, as well as whether continuing the relationship is in the child's best interest.

Current Legal Status

In Dias v. Boone (2025), the Georgia Supreme Court held that the Act does not apply to parental conduct that occurred before its July 1, 2019 effective date. The Court raised constitutional questions but did not decide the constitutional challenge in that case.

If you are considering filing under this statute, legal representation is strongly advisable. The constitutional questions involved make this a poor candidate for pro se litigation.

When It Makes Sense

The Equitable Caregiver Act is most relevant when:

• You have been the child's primary caregiver for an extended period
• The biological parent opposes your continued role
• You do not qualify for guardianship through probate court (because the parent objects)
• The relationship between you and the child is well documented

It is less relevant when parents consent to guardianship — in that case, the simpler GPCSF 28 probate process is faster and cheaper.

Our Georgia Guardianship and Custody Court Process Guide explains where the Equitable Caregiver Act fits among the five legal pathways available to Georgia kinship caregivers, and when each route makes the most sense.

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