Latham v. Schwerdtfeger
Annotate this CaseSusan Schwerdtfeger became pregnant by in vitro fertilization, and after giving birth, she and Teri Latham lived with the child for five years. The parties then separated and Latham moved out of the home. After Latham's visitation with the child stopped, Latham brought an action seeking custody and visitation, alleging that she had standing based on the doctrine of in loco parentis. The district court granted summary judgment in favor of Schwerdtfeger and dismissed the case with prejudice. The Supreme Court reversed, holding (1) the district court erred when it concluded that the doctrine of in loco parentis did not apply to the facts of this case, and therefore, Latham had standing to seek custody and visitation of the child; and (2) there were genuine issues of material fact whether Latham should be granted custody and/or visitation of the child.
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