Eaton v. ParadisAnnotate this Case
After the district court allocated primary residence of two minor children to Father, the children began residing with Father’s mother (“Grandmother”). Mother later sought primary residence and sole parental rights and responsibilities with regard to the children. In response, Grandmother filed a petition for de facto parental rights. The district court denied Grandmother’s petition, concluding that Grandmother failed to present sufficient evidence of her status as a de facto parent to establish that she had standing in a parental rights and responsibilities proceeding. Because the Supreme Court clarified, in Pitts v. Moore, the concepts necessary for a determination of de facto parenthood after the district court denied Grandmother’s petition, the Court vacated the district court’s judgment and remanded for reconsideration in light of the Court’s opinion in Pitts.