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You may have already heard about it from the news (Check it out for yourself here). The Georgia House and Senate recently passed a new bill that will allow stepparents, family friends, distant relatives, and others who have been closely involved in the raising of a child to petition for child custody or visitation.  While this bill stands to benefit many, it may also have potential drawbacks. Here’s an early take on the pros and cons of Georgia House Bill 543.

What Does House Bill 543 Change?

Prior to this bill, an adult who played a significant role in raising a child – essentially acted as a parent to the child even though they were not an actual parent – had no right to petition the court for child custody in the event of a divorce or split with the child’s parent(s).  A stepparent or live-in girl-friend, for example, could have no legal custody or visitation rights, regardless of how involved she was in the child’s upbringing. This new bill changes that, as it allows the court to grant visitation or custody to persons based on the substance of their relationship with the child rather than solely biological factors.

Pros of House Bill 543

Georgia Child CustodyThe bill is obviously beneficial for stepparents, significant others, and other adults (distant relatives, family friends) who have spent years of their lives raising a child as if they were their own. This kind of caregiver is often just as important to a child as the biological parent—sometimes more. A stepparent or significant other involved in a bitter split will no longer be marginalized when it comes to child custody. Instead, they’ll be fairly considered based on a variety of historical factors,  such as consistent care-taking of the child; establishment of a bonded and dependent relationship with the child that was supported by a parent of the child; and acceptance of full and permanent responsibilities as a parent of the child without expectation of financial compensation.

The best part of the law is that children who have bonded with a step-parent, a step-grandparent, or a close friend who has taken on a parental role with the full knowledge and encouragement of the parent, will not feel the sense of loss that occurs when the adults in their life no longer wish to continue their relationship(s).  Children are not given the choice to “break up” with their mother’s second husband or their father’s longtime live-in girlfriend.  If that person behaved as a parent in their life, the sudden and complete loss of that person can have profound effects on the emotional life of a child.

Cons of House Bill 543

In theory, an adult who has made a child not his own a priority in his life should not see his relationship severed merely due to the severance of a romantic coupling or the end of a long, platonic friendship.  However, a person asserting rights as an equitable caregiver could be granted custody of a child over objections from the biological parents, grandparents, or other family members who believe their genetic connection to the child is stronger than the care-giving relationship of the non-relative.  Imagine a non-relative obtaining custody of a child and limiting contact with other biological relatives or moving the child to a location far from where their extended family lives. 

Additionally, if the split is acrimonious, and the equitable caregiver decides to fight for custody, the biological parent will be unable to make a clean break from their ex. And while the equitable caregiver will have to demonstrate from the outset that they accepted full responsibility for the child regardless of any kind of monetary award, the bill does not clarify whether or not they will be entitled to child support from the biological parent(s) in the event custody is awarded to them.  It is highly likely that appellate litigation will be required to test the boundaries of this new law. An experienced child custody attorney will be necessary no matter which side of the biological line you’re standing on regarding a child you love. 

The statute specifically says that it does not disestablish the parentage of any parent. So, potentially, if a child has a mother who has custody of her, a father whom she visits on the weekends, and a step-father who has taken on a serious parental role and is successful in petitioning for custody or visitation with the child, the child may have three different homes to spend time in in any given week or month or quarter.  This could become a logistical nightmare for a child and the adults who love her, depending on how the various adults’ rights are addressed in a court order.

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If you’re facing custody issues, contact NMS Law Firm - Nina M. Svoren LLC in Toccoa, GA, today. Attorney Nina M. Svoren is knowledgeable in the area of child custody law and has been helping clients with complicated legal and family matters for more than 25 years. Visit her website to learn more about custody laws in Georgia and call (706) 282-4696 to schedule an in-depth consultation.

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