Atlanta Equitable Caregiver Act Attorney

Navigating the Equitable Caregiver Act in Georgia

The Equitable Caregiver Act in Georgia is a significant, and recently enacted, legal provision that allows individuals who have played a consistent and substantial parental role in a child's life to seek legal recognition of their relationship with the child. At Resurgens Legal Counsel, we provide expert legal guidance for those seeking to establish themselves as equitable caregivers. This groundbreaking act recognizes the importance of non-biological relationships in the lives of children, such as those of step-parents, grandparents, or other adults who have formed a bond and taken on a parental role. Our team is dedicated to helping clients navigate this complex area of family law, ensuring that the best interests of the child are at the forefront of every case.

The Legal Process for Establishing Equitable Caregiver Status

The process of establishing oneself as an equitable caregiver under Georgia law involves a detailed legal procedure. Our skilled team at Resurgens Legal Counsel will guide you through every step, from filing the necessary petitions and affidavits to representing you in court. We assist in gathering and presenting compelling evidence to demonstrate the significant, positive impact you have had on the child’s life. This includes showing consistent responsibilities typically associated with parenthood, a bonded and dependent relationship with the child, and that recognizing you as an equitable caregiver serves the child's best interests. We understand the nuances of this law and advocate passionately to protect your rights and the well-being of the children involved.

Upholding the Rights of Equitable Caregivers

In addition to helping clients establish equitable caregiver status, we also offer legal assistance in defending against challenges to this status. Malone W. Allen and our team at Resurgens Legal Counsel understand the emotional and legal complexities involved in these cases. Whether you are seeking to establish or maintain your role as an equitable caregiver, we provide comprehensive legal support, informed by the latest developments in Georgia’s family law. Our commitment is to ensure that your relationship with the child is legally recognized and protected, reflecting the genuine care and commitment you have provided.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

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“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

  • The Equitable Caregiver Act in Georgia allows individuals who are not biological parents but have formed a significant, parent-like relationship with a child to seek legal recognition as an equitable caregiver. This status can provide them with certain legal rights regarding the child, similar to those of a parent.

  • Individuals who have consistently taken on a parental role in a child's life, such as step-parents, grandparents, or close family friends, can qualify. They must demonstrate a significant, committed, and responsible relationship with the child.

  • An equitable caregiver in Georgia may be granted rights similar to those of a biological parent, including the right to seek custody or visitation, and the responsibility to provide for the child's care and support.

  • To establish equitable caregiver status, an individual must file a petition in a Georgia court, demonstrating their significant and ongoing parental role in the child’s life, the child’s reliance on them, and that granting such status is in the child’s best interest.

  • Consent of the biological parents is not necessarily required. However, the court will consider the views of the biological parents and any potential impact on the child's relationship with them. Additionally, the Act requires that at least one of the parents of the child fostered or supported the relationship between the claimant and the child, such that both the parent and the claimant understood that the claimant was acting in a parental role.

  • Yes, equitable caregiver status can be challenged, typically by a biological parent. If circumstances significantly change, or if it's in the child's best interest, the court may also reconsider or revoke this status.

  • The Equitable Caregiver Act can significantly impact child custody disputes in Georgia by allowing non-biological caregivers to legally assert their rights to custody or visitation, which the court must consider alongside the child's biological parents' rights.

  • Adoption legally changes a child's parentage, while being an equitable caregiver provides certain parental rights without altering the legal parent-child relationship. Adoption is permanent, while equitable caregiver status may be more flexible.

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If you're navigating the complexities of Georgia’s Equitable Caregiver Act and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.