A few decisions in Georgia family law require more proof than the ordinary civil standard, and the statutes say so in plain terms when they do.
What the Standard Is
In In Interest of J.N., 302 Ga. App. 631 (2010), the Court of Appeals described clear and convincing evidence as “a level of proof greater than a preponderance of the evidence, but less than beyond a reasonable doubt.” The point of asking for more, the court explained, is that the standard “safeguards the high value society places on the integrity of the family unit” and helps keep a decision from resting “on a few isolated instances of unusual conduct or idiosyncratic behavior.”
Where Georgia Requires It
The clearest examples all involve a non-parent’s claim to a child, or the loss of a parent’s rights.
Under OCGA 19-7-3(c)(1), a court may grant a grandparent or other family member visitation only “if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted.”
OCGA 19-7-3.1(d) says that to be recognized as an equitable caregiver, “the court shall first find, by clear and convincing evidence,” that the person took on a permanent parental role, gave consistent care, formed a bonded relationship supported by a parent, accepted those responsibilities without expecting payment, and that the child would suffer harm without the relationship.
And under OCGA 19-8-10(a), an adoption may go forward without a living parent’s surrender of rights only “when the court determines by clear and convincing evidence” that the parent abandoned the child, cannot be found after a diligent search, or one of the other listed grounds.
What It Does Not Reach
The divorce itself, alimony, property division, and custody between two parents are decided by the ordinary preponderance standard.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!