Foust v. Montez-Torres (Majority, with Concurring and Dissenting)
Annotate this CaseJessica Foust and Maria Montez-Torres lived together as a family unit with Montez-Torres’s two biological children. During the relationship, Montez-Torres had a brief relationship with a man and conceived M.F. Three years later, Foust and Montez-Torres ended their relationship, and Montez-Torres and M.F. moved out of the home. After Foust was no longer allowed visitation with M.F. she filed a complaint seeking custody, or in the alternative, visitation with the child. The circuit court concluded that Foust stood in loco parentis to M.F. for the first three years of M.F.’s life but that it was not in M.F.’s best interest to continue visitation with her. The Supreme Court affirmed, holding that Foust, a nonparent, had no standing to petition for custody or visitation where she did not stand in loco parentis to M.F. at the time of the petition.
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