Opinion
A22A1217
02-01-2023
ROBERTS et al. v. MCCOY et al.
Vic Brown Hill, Brad E. Macdonald, Hill Macdonald, Marietta, for Appellant. Kevina McCoy, pro se. William Kemp, pro se.
Vic Brown Hill, Brad E. Macdonald, Hill Macdonald, Marietta, for Appellant.
Kevina McCoy, pro se.
William Kemp, pro se.
Rickman, Chief Judge. Juanda and Leighton Roberts filed suit against Kevina McCoy and William Kemp, the mother and the father of a minor child, under OCGA § 19-7-3.1, seeking to be adjudicated equitable caregivers of the child. The trial court held that the Robertses lacked standing to be adjudicated equitable caregivers. On appeal, the Robertses contend that the trial court erred by concluding that they lacked standing to be adjudicated equitable caregivers. For the following reasons, we affirm.
"We review the evidence in the light most favorable to the trial court's judgment." Hackett v. Stapleton , 365 Ga. App. 405, 405, 877 S.E.2d 838 (2022). So viewed, the evidence showed that the child's mother is Mr. Roberts's cousin. The child was born on April 25, 2015, and in September 2016 the mother, the father, and the Robertses entered into an agreement granting temporary guardianship of the child to the Robertses. Less than a year later, the mother and the father were awarded joint physical custody of the child.
The mother testified that she never intended for the Robertses to permanently assume a parental role in the child's life. The mother admitted that the Robertses provided a caregiving role for the child during the first 18 months of her life, but since then, the Robertses have provided care to the child only when the father forfeited part of his parenting time to them and he had not done that consistently since before March 2020. Furthermore, the mother averred that she became concerned about the Robertses’ "obsession" with the child in August 2020 and thus, she made the decision to cease contact between them and the child.
The Robertses contend that the trial court erred by concluding that they lacked standing to be adjudicated equitable caregivers of the child.
In order to establish standing to be adjudicated an equitable caregiver under OCGA § 19-7-3.1, the trial court must find by clear and convincing evidence that the individual has:
(1) Fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life;
(2) Engaged in consistent caretaking of the child;
(3) Established a bonded and dependent relationship with the child, which relationship was fostered or supported by a parent of the child, and such individual and the parent have understood, acknowledged, or accepted that or behaved as though such individual is a parent of the child;
(4) Accepted full and permanent responsibilities as a parent of the child without expectation of financial compensation; and
(5) Demonstrated that the child will suffer physical harm or long-term emotional harm and that continuing the relationship between such individual and the child is in the best interest of the child.
Here, the evidence showed that the Robertses were caregivers of the child until she was approximately 18 months old, after which custody was shared between the mother and the father. The mother testified that she never intended the Robertses to permanently assume a parental role in the child's life. Additionally, the mother testified that since August 2020, she had denied the Robertses any contact with the child when the child was in her custody and the Robertses’ only contact with the child was when the father shared his parenting time. This evidence supports the trial court's conclusion that the Robertses failed to show that they fully and completely took a permanent parental role in the child's life or that a parental relationship between the Roberts and the child was fostered or supported by a parent. Accordingly, the trial court properly denied the Robertses’ petition to be adjudicated equitable caregivers. See In the Interest of K. L. , 362 Ga. App. 590, 596 (1), 869 S.E.2d 543 (2022) (affirming the juvenile court's decision that past caregivers of a minor child failed to make a showing that they had standing to be adjudicated equitable caregivers).
Judgment affirmed.
Miller, P. J., and Pipkin, J., concur.