2011 Articles
Family Law Scholarship Goes to Court: Functional Parenthood and the Case of Debra H. v. Janice R.
A Partial Victory the decision in Debra H. v.\n Id.87 North Carolina's appellate court also applied the same basic features in Mason v. Dwinnell. Although it did not articulate a specific test, the court accorded a functional parent standing to seek custody, looking to (1) the couple's agreement to share in "all major decisions regarding their child"; (2) the functional parent's deliberate assumption of "emotional and financial care and support, guidance and decision-making" to the point of "equal participation"; and (3) the functional parent's "psychological parenting relationship" with the child.89 Thus while some states call mothers like Debra H. a de facto or psychological parent, some find that she stands in loco parentis or that exceptional circumstances warrant standing, and some prefer not to rely on strict terms or tests.
Subjects
Files
-
Family_Law_Scholarship_Goes_to_Court_-_Functional_Parenthood_and_the__Case-_of_Debra_H._v_Janice_R..pdf application/pdf 340 KB Download File
Also Published In
- Title
- Columbia Journal of Gender and Law
More About This Work
- Academic Units
- Law
- Publisher
- Columbia University, School of Law
- Published Here
- October 19, 2015