Nathan Hartman is suing John De Caro for the interpretation and application of the equitable caregiver statute concerning child custody rights

In a recent ruling by the Court of Appeals of Georgia, Nathan Hartman’s direct appeal against John De Caro was dismissed due to jurisdictional issues. The case revolves around the custody of two children born via surrogate during Hartman and De Caro’s romantic relationship. After their separation in 2015, Hartman cut off communication between De Caro and the children. De Caro’s subsequent attempts to gain custody were initially denied due to lack of statutory rights. However, with the introduction of the equitable caregiver statute in 2019, De Caro filed for equitable caregiver status and was granted joint custody. Hartman’s appeal argued that the trial court erred in its interpretation of this statute and in awarding joint custody to De Caro. The appellate court dismissed Hartman’s appeal because it should have been filed as an application for discretionary appeal rather than a direct appeal.