Solutions

Key Reforms in the Best interest of Children

Shared Parenting legislation

Presumptive 50/50 shared custody is the single most important change required to bring about transformative change for our children, families and society. Such legislation is not new in the US and has already been adopted by other states including Arizona, Florida, Kentucky, Missouri, and Arkansas.

Georgia, a state which is usually progressive, is lagging behind. The impact most evident through increasing crime and domestic abuse. Our neighboring states which have adopted Presumptive 50/50 legislation are already realizing the benefits of reduced domestic violence and other related crimes. Please read more here.

Such legislation has been introduced in Georgia, under House Bill 96 and House Bill 1140. The bill has been assigned to the Juvenile Justice Committee but has yet to be brought forward for a hearing or vote. It will take legislator support to move the bill forward. Details of the bill can be found here along with the Juvenile Justice Committee members and contact information.

Equally Present has drafted legislation and we are seeking a bold Legislator to sponsor the bill.

Legitimation

Other reforms required in Georgia is the process of legitimation. The current law maintains that for children born out of wedlock, the father must still legitimize his relationship with the child even if he is listed on the birth certificate AND established paternity. This seems redundant and places unnecessary burden and expense on fathers and the Courts. More information is available here.

Child Support

Reasonable Child Support – The Georgia Child Support Commission has established guidelines for how Child Support should be calculated, however these guidelines are not always followed by judges, and some of the basic presumptions are out of date. According to the US Department of Agriculture, the costs to raise a child is $12,980 per year based on 2017 data. More recently, the U.S. News & World Report has put this number at $14,800. The current formula does not put a cap on child support, and as a result, child support is being awarded disproportionately.

Low income earners – Georgia has one of the highest minimum child support calculations in the county which puts non-custodial parents under enormous pressure to earn income while simultaneously restricting their ability to see their children due to the need to earn wages. If the individual misses child support payments, they are often incarcerated at a cost of $100 per day to the state.

Judicial Reform

Fundamental judicial reform is required in Georgia and would greatly benefit all parties involved in resolving family matters. Reforms may consider:

Presumptive 50/50 custody from the outset. This would eliminate a tremendous amount of complexity and burden on the court system and streamline the process significantly.
Develop state-wide templates and guidelines for Judges or Judicial officers to use so that outcomes are applied consistently without bias, personal interpretation, or undue “influence”.
Establish a Family Court Branch to handle family matters. The benefits include:
- Educates judges so they become well versed in custody and family matters.
- Creates a family court that promotes a non-adversarial environment that, instead, encourages co-operation, reduces conflict and replaces a ‘winner takes all mindset.
- Reduces case load on the current Court system that was designed to deal with criminal and civil matters.
- Eliminates the award of attorney fees for custody issues. The current system encourages attorneys to prolong litigation and inhibits the best interest of the children.

Modernize Government Policies

There is a need to modernize government policies to support equal parenting as a fundamental liberty protected by the Constitution of the United States of America and the Constitution of the State of Georgia

The right to parent is a fundamental right – for both parents. The US Supreme Court has recognized that “the right of parents to the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests” (Troxel v. Granville, 530 U.S. 57 (2000)). The Georgia Supreme Court has stated that “There can scarcely be imagined a more fundamental and fiercely guarded right than the right of a natural parent” to guide “the care, custody, and management of their children” (In the Interest of M. F., 298 Ga. 138, 145 (2015)).
The US Constitution protects the rights of both parents to be equally involved in their children’s lives. The Equal Protection Clause of the Fourteenth Amendment guarantees that persons similarly situated will have the law applied equally. In Georgia, both a mother and a father have equal status under the law (See Gambrell v. Gambrell, 244 Ga 178 (1979) and O.C.G.A. § 19-9-3(a)(1)).
Court interference with a parent’s right to raise their child is restricted so any ruling on child custody must be the least restrictive possible. “The right to the custody and control of one’s child is a fiercely guarded right in our society and in our law. It is a right that should be infringed upon only under the most compelling circumstances” (In re: Suggs, 249 Ga. 365, 367 (291 S.E.2d 233) (1982)) and interference is justified only to protect a child from harm (Brooks v. Parkerson, 265 Ga. 189, 192 (1995)). This means a custody ruling must be narrowly tailored to accomplish a compelling state interest using the least restrictive means available to do so (Washington v. Glucksberg, 521 U.S. 702, 721 (1997)). Granting parents equal parenting time and equal parenting rights is least restrictive.

“Not only must the Courts protect the fundamental rights of both parents, the Courts must protect the children’s fundamental rights to equal access to both parents.”