Daniel v. SpiveyAnnotate this Case
Child was born to Appellant and her former husband. When Appellant and her former husband divorced, Appellant was given custody of Child. Appellant subsequently married Appellee. Appellant later filed for divorce from Appellee, and the circuit court granted Appellee visitation rights. Appellant appealed, contending that the circuit court erred in ruling that Appellee stood in loco parentis to Child. The Supreme Court reversed the award of visitation, holding that the circuit court erred by characterizing the relationship between Appellee and Child as one of in loco parentis, as the facts demonstrated that Appellee assumed the role of a caring stepparent but fell short of embracing the rights, duties, and responsibilities of a parent.