Libby v. Estabrook
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The Supreme Judicial Court vacated the judgment of the district court dismissing, for lack of standing, Appellant's petition to establish de facto parentage of his stepson, holding that Appellant was entitled to a hearing to determine his standing.
Appellant filed a petition to be adjudicated the child's de facto parent after the mother died unexpectedly. With the petition, Appellant included an affidavit alleging facts to support the existence of a de facto parent relationship with the child. The court dismissed the petition for lack of standing, concluding that Appellant could not establish a necessary element of standing even if the facts in his affidavit were true. The Supreme Judicial Court reversed, holding (1) Appellant's assertions, if believed, could have led to a find that he had standing; (2) Respondent's affidavit generated disputed material facts that must be resolved to determine Appellant's standing; and (3) the court abused its discretion in refusing to hold an evidentiary hearing to resolve those factual disputes.
Court Description: Corrected June 23, 2020 (Errata sheet)
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