Wednesday, 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

http://lawprofessors.typepad.com/family_law/2009/10/montana-supreme-court-recognizes-parental-interest-in-nonbiological-de-facto-parent.html

Custody (parenting plans), Visitation | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a60dfc63970b

Listed below are links to weblogs that reference Montana Supreme Court Recognizes Parental Interest in Non-Biological De Facto Parent:

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

Post a comment