Parental Rights in Georgia
Georgia Parental Rights News
Georgia State Law and Parental Rights
Georgia state law explicitly defines and protects parental rights as fundamental rights.
The Official Code of Georgia Annotated was updated with the signing of HB 1178 into law by Governor Kemp on April 28, 2022. The law now states:
No state or local government entity, local board of education, or any officer, employee, or agent thereof may infringe on the fundamental rights of a parent to direct the upbringing and education of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by less restrictive means.
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Georgia Courts and Parental Rights
Clark v. Wade, 544 S.E.2d 99, 104 (GA. 2001): "In considering the constitutionality of the Georgia statute on parent-third party custody disputes, there are two relevant lines of cases. One involves the termination of parental rights, which have usually required a showing of parental unfitness before ending the parent-child relationship. The other involves third-party visitation rights, which have historically considered the best interests of the child."
The passage of the Parents' Bill of Rights in 2022, however, should lend clarity to the courts in favor of fundamental parental rights moving forward.