Did you know that almost 2.3 million children in the United States are raised by non-relatives who have not legally adopted them? This means the people raising them do not have custody over them and would have a tough time getting that custody in court.
Family law has been dragging behind in offering custody options to a caregiver who is not related to the child, but that has changed in Marietta, GA with the Equitable Caregiver Act they passed in 2019.
Whether you are fighting for grandparents visitation rights or you want to be recognized as the non-relative caregiver of the child, read on to learn more about how this Act can help.
What is a Caregiver?
To better understand if you fit the description of caregiver, in general terms, you need to know what it is. A caregiver is a person who tends to the needs of someone else who cannot take care of themselves. This can mean taking care of a child, of someone who is ill, injured, or has a disability, or someone who is elderly.
In the past, Georgia only recognized biological relatives like parents, grandparents, siblings, uncles, and aunts, but did not recognize stepparents as caregivers. That has now changed.
Who Qualifies to Be an Equitable Caregiver?
The Equitable Caregiver Act in Georgia and in Marietta recognizes that someone who has been taking care of a child in a competent and consistent manner can apply for custody of that child.
The first thing you need to ensure is that you qualify to be considered a caregiver. There are many criteria you need to fulfill.
You must have been taking care of the child already in a permanent manner, acting as the parent even without legal standing. Your role as the caregiver has to be complete and consistent.
You must have provided this consistent care without expecting financial compensation.
You must have established a bond with the child. They have to be dependent on you and would have a difficult time adjusting if you were no longer the caregiver.
One of the child’s parents acknowledged the care-giving you provide and has accepted the circumstances, behaving as if you were the parent.
If you meet this criteria, you can turn to a family attorney to file to become an equitable caregiver. This is an important thing to understand: you will not be automatically granted the rights of a caregiver. You must apply for them.
Family Law: What to Prove in Court to Gain Child Custody
If you meet the criteria above, you then will need to prove to the court that the child would suffer physically or psychologically if you were no longer taking care of them. The child’s best interests are the most important things for the court to consider with this Act.
The court will need a full account of any medical or psychological needs the child has. This will help them determine who is best suited to provide them.
You will need to offer all of the information on past and present caregivers the child might have had and the information on any other people who may be applying to become caregiver.
The most important thing for the court to establish is to whom the child has built an emotional bond. If that is you, then you will have an easier time getting the custody rights you want.
Beyond Grandparents Visitation Rights: Who Benefits from This Act
The Equitable Caregiver Act can benefit many people who are taking care of a child.
If you are a grandparent who wants legal custody of the child, this Act can make that easier. In the past, grandparents might have been able to get visitation rights, but now full custody is an option.
For stepparents who have divorced or separated from the child’s biological parent, this is also the option they have to become caregivers for the child. The same thing applies if the biological parent died and the stepparent wants to have legal rights to the child.
In Georgia and surrounding areas like Marietta, non-biological parents who know the child need their care-giving can also apply.
The LGBTQ community also benefits from this Act, since it allows non-biological parents who are LGBTQ to apply for custody of the child after the death of the parent or after divorce or separation.
Special Considerations for Custody
As important as it is to know who qualified for the Equitable Caregiver Act, is is equally crucial to know there are some considerations that must be taken into account.
The law is still inclined to favor biological parents. Unless the parent is unfit to care for the child, the court will generally tend to consider them the caregivers. This Act also does not remove the rights of the biological parents, so you will want to inform yourself on what that could mean for your particular circumstances.
The court is focused on the child’s best interests. Even if you have been providing all of the care-giving and you have proven you can take on all of the responsibilities of raising the child, the court can still refuse to grant you custody if it feels it would not be the right choice for the child.
If you know that someone else has applied for caregiver status, you can oppose that petition.
How to Get Started
If you feel that you meet the criteria for caregiver status and would like to apply for grandparents visitation rights or child custody, you want to get help from a lawyer who specializes in family law and custody battles.
Contact us today to get started.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
