Link for opinion: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/
The arkansas supreme court held in BETHANY V. JONES, 2011 Ark. 67, Arkansas Supreme Court, February 17, 2011 that the biological mothers former girlfriend did have visitation rights to her child after the mother argued the the former girlfriend had no recognizable rights.
Appellant Alicia Bethany, who is the biological mother of a minor child argued on appeal that Appellee Emily Jones has no recognizable right entitling her to visitation with her child. Emily Jones is Bethany's former same-sex partner. Bethany argues on appeal that the circuit court erred in denying her motion to dismiss where Jones could not maintain any cause of action; in denying her motion for direct verdict because there is no law in Arkansas that allows Jones to have visitation with the minor child; in granting visitation under a theory of in loco perentis or equitable estoppel; and in failing to transfer this case from Perry County to Garland County, where venue was proper.
Bethany and Jones dated from 2000 until 2008. In 2003 the parties purchased a home together, listing both of their names on the mortgage, In 2004 they wanted to expand their family having a male friend of Jones donate sperm. Bethany agreed to carry the child due to Jones experiencing health issues. The minor child was born in 2005. Together they chose that the child would have Jones's last name and Jones's grandmother's name as the childs middle name. Bethany and Jones intended to co-parent the child. Bethany had even testified that at the time of conception, she considered Jones to be the childs parent.
The child refferred to Bethany as "mama" and to Jones as "mommy." The child had also formed close relationships with members of Jones family, calling Jones's parents "grammy" and "poppy." The child did not have a close relationship with Bethany's parents.
In 2008 the parties ended their relationship agreeing to continue to co-parent the child. A dispute arose over Jones keeping the child for 24 hours against Bethanys wishes. Bethany suddenly decided it was not in the best interest for Jones to have contact with the child stating that she questioned Jones's ability to parent, and had concerns about Jones being instable, depressed, honest and her ability to keep the child safe.
After Jones was denied visitation she filed the instant action for custody alleging breach of contract based upon equitable estoppel. Bethany argued that Jones lacked standing to bring the suit because there was nothing in Arkansas law that allowed her to seek visitation with the child.
Labels for the post: loco perentis; equitable estoppel; child visitation
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