§ 19-7-3.1.Equitable caregivers; form; required findings; establishment of parental rights; not a disestablishment of parentage

Chapter 7. Parent and Child Relationship Generally · Article 1. General Provisions · Last amended 2020 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-7-3.1 lets a Georgia court declare someone who is not a legal parent but has filled a parent’s role an equitable caregiver with custody or visitation rights, once that person clears strict standing rules and proves five requirements by clear and convincing evidence.

Full Text of § 19-7-3.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) The court may adjudicate an individual to be an equitable caregiver.

(b) An individual seeking to be adjudicated an equitable caregiver of a child under this Code section may establish standing to maintain the action in accordance with the following:

(1) File with the initial pleading an affidavit alleging under oath specific facts to support the existence of an equitable caregiver relationship with the child as set forth in subsection (d) of this Code section. The pleadings and affidavit shall be served upon all parents and legal guardians of the child and any other party to the proceeding;

(2) An adverse party, parent, or legal guardian who files a pleading in response to the pleadings in paragraph (1) of this subsection shall also file an affidavit in response, serving all parties to the proceeding with a copy;

(3) The court shall determine on the basis of the pleadings and affidavits pursuant to paragraphs (1) and (2) of this subsection whether such individual has presented prima facie evidence of the requirements set forth in subsection (d) of this Code section. The court may in its sole discretion, if necessary and on an expedited basis, hold a hearing to determine undisputed facts that are necessary and material to the issue of standing; and

(4) If the court's determination under paragraph (3) of this subsection is in the affirmative, the party claiming to be an equitable caregiver has standing to proceed to adjudication under subsection (d) of this Code section.

(c) A document substantially in the following form may be used to create a pleading and affidavit for purposes of paragraph (1) of subsection (d) of this Code section:

Form“IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., _________________ ) Plaintiff ) ) v. ) Civil Action ) File no. ________ C.D., ) _________________ Defendant ) COMPLAINT The defendant C.D., herein named, is a resident of _____________________ (street), _______________, (city) ________________ County, Georgia, and is subject to the jurisdiction of this court. As of ___________ (date), Plaintiff can fully demonstrate to the court that he or she: 1. Has fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life; 2. Engaged in consistent caretaking of the child; 3. Established a bonded and dependent relationship with the child, which relationship was fostered or supported by a parent of the child, and Plaintiff and the parent have understood, acknowledged, or accepted that or behaved as though Plaintiff is a parent of the child; and 4. Accepted full and permanent responsibilities as a parent of the child without expectation of financial compensation. The facts of the case are: 1. ..................................................................................................................................................................................................... 2. ..................................................................................................................................................................................................... 3. ..................................................................................................................................................................................................... 4. ..................................................................................................................................................................................................... Dated Pro Se Applicant (CERTIFICATE OF SERVICE)” Address Address “AFFIDAVIT OF PETITIONER STATE OF GEORGIA COUNTY OF ______________________ Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________, who, after having been sworn, deposes, and says as follows: That my name is: ........................................................................................................................................................................... That my address is: ....................................................................................................................................................................... These are the facts to support the existence of an equitable caregiver relationship with a child as set forth in subsection (c) of O.C.G.A. 19-7-3.1: Dated Pro Se Applicant Address Sworn to and subscribed Address before me this ________ day of ________, ____________. __________________________________ Notary public (SEAL) My commission expires: __________________”

(d) In order to establish standing, the court shall first find, by clear and convincing evidence, that the individual has:

(1) Fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life;

(2) Engaged in consistent caretaking of the child;

(3) Established a bonded and dependent relationship with the child, which relationship was fostered or supported by a parent of the child, and such individual and the parent have understood, acknowledged, or accepted that or behaved as though such individual is a parent of the child;

(4) Accepted full and permanent responsibilities as a parent of the child without expectation of financial compensation; and

(5) Demonstrated that the child will suffer physical harm or long-term emotional harm and that continuing the relationship between such individual and the child is in the best interest of the child.

(e) In determining the existence of harm, the court shall consider factors related to the child's needs, including, but not limited to:

(1) Who are the past and present caretakers of the child;

(2) With whom has the child formed psychological bonds and the strength of those bonds;

(3) Whether competing parties evidenced an interest in, and contact with, the child over time; and

(4) Whether the child has unique medical or psychological needs that one party is better able to meet.

(f) A court may grant standing on an individual seeking to be adjudicated as an equitable caregiver on the basis of the consent of the child's parent for such individual to have a parental relationship with the child, or on the basis of a written agreement between the individual seeking to be adjudicated as an equitable caregiver and the child's parent, indicating an intention to share or divide caregiving responsibilities for the child.

(g) The court may enter an order as appropriate to establish parental rights and responsibilities for such individual, including, but not limited to, custody or visitation.

(h) This Code section shall not authorize an original action when both parents of the minor child are not separated and the child is living with both parents.

(i) This Code section shall not authorize an original action by an individual whose relationship with the child was established as a result of a proceeding under Article 3 of Chapter 11 of Title 15 and shall not authorize an original action so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services case involving such child or his or her parent.

(j) The adjudication of a person under this Code section as an equitable caregiver does not disestablish the parentage of any other parent.

End

Plain-English Summary

Georgia added this section in 2019 for people who have raised a child as a parent without being one in law. The court may adjudicate a person an equitable caregiver and then enter orders establishing that person’s parental rights and responsibilities, including custody or visitation. That ruling does not disestablish the parentage of any other parent.

The case turns first on standing. The person must file, with the first pleading, an affidavit stating under oath specific facts that support an equitable caregiver relationship, and serve the pleading and affidavit on every parent, every legal guardian and any other party. A parent, guardian or adverse party who files a responsive pleading must also file an affidavit and serve all parties. The court decides from those papers whether the person has made a prima facie showing of the requirements in subsection (d). If necessary, the judge may, in the court’s sole discretion and on an expedited basis, hold a hearing on undisputed facts necessary and material to standing. A favorable ruling lets the case go forward. The court may also grant standing based on the parent’s consent to a parental relationship, or on a written agreement between the person and the parent to share or divide caregiving.

To establish standing, the court must first find by clear and convincing evidence that the person has (1) fully undertaken a permanent, unequivocal, committed and responsible parental role; (2) consistently cared for the child; (3) formed a bonded and dependent relationship with the child that a parent fostered or supported, with the person and the parent understanding, accepting or acting as though the person is a parent; (4) accepted full and permanent parental responsibilities without expecting payment; and (5) shown that the child will suffer physical harm or long-term emotional harm and that continuing the relationship is in the child’s best interest. On harm, the court weighs who has cared for the child, the child’s psychological bonds and their strength, each side’s interest and contact over time, and any unique medical or psychological needs one side can better meet.

No original action is allowed when both parents are not separated and the child lives with both, by someone whose relationship with the child arose from a proceeding under Article 3 of Chapter 11 of Title 15, or while the Division of Family and Children Services has an open child welfare and youth services case involving the child or a parent. Subsection (c) supplies a form complaint and affidavit that a filer may use. The complaint lists the first four requirements, leaves space for the facts and is signed by the applicant with a certificate of service; the affidavit is sworn before an officer authorized to administer oaths and notarized. The form does not list the fifth requirement, but the court must still find it.

Frequently Asked Questions

What is an equitable caregiver in Georgia?

An equitable caregiver is a person a Georgia court has adjudicated, under this section, as having filled a parent’s role; the court may then enter orders establishing that person’s parental rights and responsibilities, such as custody or visitation. To get there, the person must show by clear and convincing evidence a permanent parental role, consistent caretaking, a bonded and dependent relationship that a parent fostered or supported and that both treated as parental, and acceptance of parental responsibilities without pay, plus physical or long-term emotional harm to the child and that continuing the relationship is in the child’s best interest.

Can a stepparent or partner get custody or visitation in Georgia without adopting?

Possibly, through this section. It doesn’t name stepparents or partners; it applies to any individual who meets its standing rules and proves its five requirements by clear and convincing evidence. But no original action is allowed when both parents are not separated and the child lives with both, or while the Division of Family and Children Services has an open child welfare case involving the child or a parent. Whether to grant relief rests with the judge.

What does a person have to prove to be an equitable caregiver in Georgia?

Five things, by clear and convincing evidence: a permanent, unequivocal, committed and responsible parental role; consistent caretaking; a bonded and dependent relationship that a parent fostered or supported, with the person and the parent understanding, accepting or acting as though the person is a parent; acceptance of full and permanent parental responsibilities without expecting payment; and proof that the child will suffer physical harm or long-term emotional harm and that continuing the relationship is in the child’s best interest.

Is there a form for filing an equitable caregiver case in Georgia?

Yes. Subsection (c) contains a form complaint and a form affidavit that a filer may use, substantially as written. The complaint lists the first four requirements and leaves space for the supporting facts; the applicant signs it and attaches a certificate of service. The affidavit is sworn before an officer authorized to administer oaths and notarized. The pleading and affidavit must be served on all parents, legal guardians and other parties. The form omits the fifth requirement — harm to the child and the child’s best interest — which the court must still find.

Does becoming an equitable caregiver take away the other parents’ rights?

No. The section says that adjudicating someone an equitable caregiver does not disestablish the parentage of any other parent. The court may still enter orders establishing the caregiver’s parental rights and responsibilities, including custody or visitation, and those orders may shape how the child’s time is shared.

Amendment History

Laws 2019, Act 218, § 1, eff. July 1, 2019; Laws 2020, Act 521, § 19, eff. July 29, 2020.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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