Parental Rights in Georgia

Georgia Parental Rights News

Parental Rights to Overcome Disability Discrimination

February 22, 2018

Efforts Are Underway This Year to Significantly Improve the Legal Landscape for Parents with Disabilities. Current Disability Discrimination in Parental Rights For decades, parents with disabilities have entered the courtroom with the deck stacked against them. The Christopher and Dana Reeve Foundation reported in 2016 that “35 states include disability as grounds for termination of…

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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

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."