Parental Rights in Georgia

Georgia Parental Rights News

One False Allegation Changed Everything

March 7, 2018

Dear Champion of Parental Rights, One hundred and forty-eight days. Imagine if that’s how long the government kept your child from you, without any evidence or justification. It sounds like a nightmare, but it was a reality for Georgia mom Amy Spencer. And she is not alone. Too many American families are facing similarly devastating…

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Georgia State Law and Parental Rights

Not Explicitly Defined and Protected

Georgia does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

The Official Code of Georgia Annotated § 19-7-1 details Georgia law regarding parental authority.

O.C.G.A. § 19-7-1 (b.  [***8]  1) establishes a rebuttable presumption that parental custody is always in the child's best interest.

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Georgia Courts and Parental Rights

Unclear
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.[27] The other involves third-party visitation rights, which have historically considered the best interests of the child."