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GA HB1068

Bill

Status

Introduced

2/27/2020

Primary Sponsor

Chuck Efstration

Click for details

Origin

House of Representatives

2019-2020 Regular Session

AI Summary

  • Amends Georgia Code Section 19-7-3.1 to expand and clarify the process by which a court may adjudicate an individual as an "equitable caregiver" of a child, granting standing to seek custody or visitation rights
  • Requires the individual to demonstrate, by clear and convincing evidence, that within the five years preceding the filing they undertook a permanent parental role, engaged in consistent caretaking, established a bonded relationship fostered by a parent, and accepted parental responsibilities without financial compensation
  • Adds a new requirement that the petitioner must demonstrate the child will suffer physical or long-term emotional harm without the relationship and that continuing it is in the child's best interest
  • Bars individuals previously convicted of domestic violence or against whom a protective order has been granted from seeking equitable caregiver status, and allows courts to remove custodial rights if parents are found to no longer pose a risk of harm to the child
  • Provides a statutory complaint and affidavit form for individuals to file pro se, and allows courts to grant standing based on parental consent or a written caregiving agreement between the individual and the child's parent

Legislative Description

Domestic relations; equitable caregivers; provide

Last Action

House Committee Favorably Reported

3/12/2020

Full Bill Text

No bill text available