Equitable Caregivers in Georgia: Understanding Dias v. Boone
In recent years, Georgia’s family law has seen a major shift when it comes to the rights of non-biological parents. The introduction of the Equitable Caregiver statute in 2019 gave certain non-parents—often stepparents, relatives, or long-term partners—the ability to seek custody or visitation if they’ve formed a significant bond with a child.
One of the most influential appellate cases interpreting this law is Dias v. Boone, a 2023 decision from the Georgia Court of Appeals.
If you’re someone who has played a meaningful role in a child’s life but aren’t their biological or adoptive parent, Attorney John W. Rife at Rife Law Firm will help you understand your rights—and the legal standards that courts in Cumming, Georgia, and the surrounding areas apply when determining whether someone qualifies as an equitable caregiver.
What Is an Equitable Caregiver?
To begin, let’s discuss what an equitable caregiver is. The term "equitable caregiver" refers to someone who has acted in a parental role with a child and seeks to establish legal recognition of that relationship—even though they aren’t biologically or legally related to the child, according to Reason Magazine.
Under O.C.G.A. § 19-7-3.1, passed in 2019, Georgia courts may grant custody or visitation to a non-parent who can prove the following:
They’ve fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life;
They’ve engaged in consistent caretaking of the child;
A parent has consented to and fostered the relationship between the child and the non-parent;
The petitioner has established a bonded and dependent relationship with the child, and the relationship is in the child’s best interest; and
Continuing the relationship with the petitioner wouldn’t harm the child.
This law was designed to recognize the evolving nature of families—especially in situations involving same-sex parents, stepparents, grandparents, or long-term partners who helped raise a child but never had the opportunity or legal recognition as a parent.
How Dias v. Boone Interpreted the Equitable Caregiver Statute
The 2023 Georgia Court of Appeals case Dias v. Boone provided significant guidance on how the equitable caregiver law should be applied—and what evidence is necessary for a court to find that someone meets the standard.
Background of the Case
In Dias v. Boone, the petitioner, Mr. Dias, was in a same-sex relationship with the biological father of the child. Although he wasn’t the child’s biological parent, Dias had been present at the child’s birth and lived with the child and the biological father for the first two years of the child’s life.
He had served in a parental role—helping with feeding, changing, and nighttime care. After the relationship ended, the biological father, Mr. Boone, cut off contact between Dias and the child. In response, Dias filed a petition to be recognized as an equitable caregiver under Georgia law.
The Trial Court’s Ruling
The trial court dismissed Dias’s petition, finding that he hadn’t sufficiently alleged the required elements under O.C.G.A. § 19-7-3.1. Specifically, the court found that there wasn’t enough evidence that Boone—the biological father—had “fostered or consented to” the parental relationship between Dias and the child. Dias appealed the decision.
The Court of Appeals Weighs In
The Georgia Court of Appeals reversed the trial court’s decision, holding that the lower court had applied too narrow a view of what it means for a biological parent to "consent to and foster" a parental relationship.
Key Takeaways From the Appellate Decision
The decision came to three main conclusions. They are as follows:
Consent Can Be Implied
The appellate court emphasized that explicit consent isn’t required—implied consent can be enough. In this case, the biological father had lived with Dias and the child, allowed him to participate in daily caregiving, and even presented him as a parent on social media. These facts could suggest that Boone had, at least implicitly, fostered the relationship.
Early Involvement Matters
Although the child was only two years old when the relationship ended, the court acknowledged that a strong bond can form in a short time—especially during early childhood. The court suggested that the duration of the relationship is less important than its nature and quality.
Dismissal at the Pleading Stage Is Rarely Appropriate
One of the most significant aspects of the decision is procedural. The Court of Appeals held that Dias’s petition shouldn’t have been dismissed so early in the process. Whether or not he could ultimately prove all the necessary elements was a matter for the trial court to decide after hearing evidence—not something to be decided solely on initial pleadings.
These key takeaways are important to keep in mind when considering family law disputes and equitable caregiver rights.
Why Dias v. Boone Matters
This case serves as a roadmap for how equitable caregiver petitions should be handled in Georgia family law cases going forward. Here’s what it means in practical terms:
Non-biological caregivers now have a clearer legal path to seek recognition of their role in a child's life.
Biological parents can’t unilaterally cut off relationships that they previously encouraged or supported.
Trial courts must carefully consider the evidence rather than dismissing cases based on rigid interpretations.
This is particularly important in non-traditional family structures, where only one parent may be legally or biologically recognized, even though two people have acted as parents.
Who Might Qualify as an Equitable Caregiver?
You may have a valid claim as an equitable caregiver if you’ve done one or more of the following:
Helped raise a child as part of a same-sex couple, even if you aren’t biologically related
Took on a parental role for your stepchild after their biological parent left or passed away
Cared for a child of a relative (like a grandchild or niece/nephew) for an extended period
Raised a child jointly with a partner who is the biological or legal parent
Each case is unique, and the outcome depends on the strength of the evidence and whether the relationship served the child’s best interests. A skilled family law lawyer will help you work through your case with the goal of achieving the most fair and favorable outcome for you.
With experience representing clients during family law cases in Georgia, Attorney John W. Rife will work tirelessly to help you.
Legal Challenges and Practical Considerations
While the Equitable Caregiver statute opens the door to more flexible family recognition, the burden of proof remains high. Petitioners must be prepared to offer clear evidence of:
Their role in day-to-day caregiving
Emotional and psychological bonds with the child
Financial or logistical support
The biological parent’s awareness and support of the relationship
Petitioners also need to be ready for pushback. Biological parents may contest the claim, arguing that they never consented to the arrangement or that the continued relationship could be harmful to the child.
That’s why it’s essential to work with a family law attorney who understands both the letter of the law and the nuances of how judges interpret “best interests of the child” and “fostering the relationship.”
Reach Out to Rife Law Firm Today
The Georgia Court of Appeals made it clear in Dias v. Boone that courts should’t dismiss equitable caregiver claims lightly. An experienced Georgia family law attorney can help you understand your options, gather the necessary evidence, and advocate effectively for your rights and your child’s well-being. Rife Law Firm serves clients in Forsyth County, Georgia; Cumming, Georgia; and the greater Atlanta area. Contact the office today to schedule a consultation.
