About this Case

It is difficult to overstate what the court below has done.  Simply put, and contrary to precedent from this Court and the United States Supreme Court, the court below created new law grounded in nothing more than a passing reference by this Court—a reference noting that some courts have found an equitable interest in custody and visitation matters on a de facto or psychological parenting theory.

Summary of NLF's Brief

NLF files a brief in the Montana Supreme Court to help prevent the court from forcing a mother to yield visitation rights of her children to her former lesbian partner.  The Brief explains that because parents can be deprived of visitation rights of their children without an adjudication of fitness, the Statute violates the Due Process Clauses of both the United States and Montana Constitutions.