October 21, 2009
Montana Supreme Court Recognizes Parental Interest in Non-Biological De Facto Parent
In Kulstad v. Maniaci, the Montana Supreme Court recognized a parental interest, and thus upheld visitation, in a non-biological former lesbian partner (Kulstad) over the objection of the children's adoptive mother (Maniaci). The court ruled that Kulstad established a long-term de facto status as parent to the six and ten year-old children adopted by Maniaci when Kulstad and Maniaci were involved in a live-in relationship. The relationship created between Kulstad and the children was held to outweigh Maniaci's Troxel-recognized fundamental right to make decisions for her children.
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Just a quick note: both parents were non-biological. But only one parent was legal parent. So it's parental interest in non-legal parent.
Posted by: Gideon Alper | Oct 21, 2009 3:08:56 PM