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Venticinquev.Lair

CourtSupreme Court of Georgia
Docket No.S25A1342
DecidedDecember 9, 2025
Reporter323 Ga. 169; 924 S.E.2d 312; 2025 Ga. LEXIS 269; 2025 LX 510958; 2025 WL 3520215
JudgesLAND, Justice. All the Justices concur. Peterson, Chief Justice, concurring.
Tags
CivilFamily LawEquitable Caregiver StatuteParental RightsChild CustodyBurden of ProofConstitutional AvoidanceSame-Sex Parenting
Case Summary

Amber Lair, former partner of Krystle Venticinque, sought equitable-caregiver status and custody of Venticinque’s child after Venticinque ended contact; during their relationship, the women had planned a family and Lair participated in the child’s life. The trial court granted Lair equitable-caregiver status and joint legal and primary physical custody. The Supreme Court of Georgia vacated both orders, holding that Lair had to prove by clear and convincing evidence that ending the relationship would cause physical or long-term emotional harm to the child and that continued contact served the child’s best interests. The trial court had wrongly placed the burden on Venticinque; the Court remanded for application of the correct standard and did not reach the constitutional challenge.

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