In 2019, Governor Kemp passed a law that theoretically allowed people to obtain custody of children even if they are not biologically related to them. This law might apply to partners, spouses, and other individuals who form strong bonds with children. However, the actual enforceability of this law remains unclear, especially after a recent Supreme Court ruling in Georgia. Could a Georgia family law attorney help you fight for child custody?
The Equitable Caregiver Act Explained
In 2019, Georgia passed a new law called the “Equitable Caregiver Act.” Under this law, it is theoretically possible for an adult to gain custody of a child despite having no biological relation to them. This law applies to anyone who has spent time caring for a child while meeting certain requirements.
First, you must have taken care of the child for a prolonged period while assuming the general role of a parent. Your parenting must have been consistent during this period. In other words, you can not stop playing the role of a parent for a few weeks or months before returning to childcare duties. In addition, you are not eligible to pursue custody if you received compensation or expected to receive compensation. This excludes babysitters, nannies, and similar workers.
In addition, you must have established a real bond with the child. Although you might think of yourself as a de-facto parent, your child must share this point of view. In addition, they must feel dependent on you for care. Finally, the other parent must have acknowledged your past role as a caregiver and de-facto parent.
Supreme Court Ruling Cast Doubts on the Equitable Caregiver Act
In February 2025, various sources reported on a Georgia Supreme Court ruling that cast doubts on the enforceability of the Equitable Caregiver Act. Despite meeting the requirements set forth by the Act, a woman was not able to obtain child custody of a girl she helped raise. While explaining their decision, one Justice stated that there were concerns over the constitutionality of the Act.
This woman’s attempt to gain custody failed because her relationship with the child began before the 2019 law went into effect. While this might not affect all parents seeking custody under the Act, it could potentially pose issues for numerous families in Georgia.
Can a Child Custody Lawyer in Georgia Help Me?
If you are trying to pursue custody even though you are not biologically related to a child, a family law attorney in Georgia may be able to help. The recent Supreme Court ruling may cast doubt on the 2019 statute, but you may still be able to use this law to obtain custody. Lankford & Moore Law may be able to help you prove that you took on a parental role, bonded with the child, and supported them. To learn more about the next steps, consider scheduling a consultation with us today.
