In re Custody of A.F.J.

The issue before the Supreme Court in this case centered on whether de facto parent status "stands in legal parity with an otherwise legal parent" biological, adoptive or otherwise. The Court concluded that in most cases foster parents will not be able to meet the criteria set forth in "In re Parentage of L.B." (122 P.3d 161 (2005)), but that status as a foster parent is not itself an absolute bar to establishing de facto parentage, and that the trial court can consider facts that arise during a foster care placement. View "In re Custody of A.F.J." on Justia Law