Noland v. Yost
Annotate this CaseIn a divorce case, the appellant, Brian M. Noland, sought to establish that he stood in loco parentis to his stepdaughter, A.B., in order to litigate issues of custody and parenting time. The Nebraska Supreme Court found that the district court had erred in its interpretation of the law when it ruled that the biological mother, Erin N. Yost, had the absolute right to unilaterally terminate the in loco parentis relationship. The Nebraska Supreme Court held that parental preference principles did not give natural parents an absolute right to terminate an established in loco parentis relationship at will. The court reasoned that while the presumption that fit parents act in their child's best interest must be considered, it must give way where the child has established strong psychological bonds with a person who, although not a biological parent, has lived with the child and provided care, nurture, and affection. The court reversed the order of the district court and remanded the case for further proceedings.
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