In re Custody of B.M.H. (Majority, Concurrence and Dissent)
Annotate this CaseB.M.H.'s natural father died six months before he was born. His mother's former boyfriend Michael Holt, was present at B.M.H.'s birth and, shortly afterward, married his mother. Mr. Holt petitioned for third party custody, or alternatively, an adjudication of de facto parentage. The question before the Supreme Court in this case was whether, under "In re Parentage of MF.," (228 P.3d 1270 (2010)), no former stepparent could bring a de facto parentage petition. Another issue that arose from this case was whether there was adequate cause to support Mr. Holt's nonparental custody petition. Upon review, the Supreme Court concluded Mr. Holt did not meet the high burden imposed on those seeking third party custody. However, the Court found he was entitled to maintain his de facto parentage action.
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