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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.
Read the entire opinion here, and some interesting blog commentary on it here.
AC
October 21, 2009 in Custody (parenting plans), Visitation | Permalink
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Comments
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
