Equitable Caregiver — Standing, Strategy, and Litigation

Equitable Caregiver — Standing, Strategy, and Litigation

Georgia’s Equitable Caregiver statute fundamentally changed how non-parents may seek custody or visitation—but it also imposes strict statutory requirements, evidentiary burdens, and strategic pitfalls. This class breaks down O.C.G.A. § 19-7-3.1 into a clear, step-by-step framework that legal professionals can apply in real cases.

Participants will learn how an equitable caregiver action begins, including how standing is established through affidavits, what constitutes prima facie evidence, and when the court may conduct an expedited standing hearing. The class examines each statutory element required to adjudicate equitable caregiver status, with emphasis on the clear and convincing evidence standard and the requirement to prove harm to the child if the relationship is severed.

This session also addresses common litigation scenarios and limitations under the statute—when an equitable caregiver action is not authorized, how parental consent and written agreements affect standing, and why equitable caregiver…