Ellison gained standing by contending a Parent Child relationship. As far as the legal definition of a parent in the NCGS there are several articles that hold some sort of definition, all of them include the custody and care.
My question is did Ellison succeed in gaining standing through the Parent Child relationship because she was watching the child alone after the defendant moved away and thus meeting the custody and care standard?
What is the legal guidelines for judges in evidence and documentation for the Parent Child relationship? If anyone who lives with a child (with the primary parent) then any step parent would not have to adopt they would simply qualify themselves as having a Parent Child relationship.
Could you explain this situation as my ex-wife and ex-stepmother to my child is suing for visitation claiming a parent child relationship even though I refused to allow her to adopt (early troubles in the two and a half year marriage and 14 month separation) and consistantly told her that where my child is concerned I alone make the decisions.
I have had sole custody all of my sons life and she asked him to call her Mama which I did allow. Please clarify?
What is the legal definition of a parent?
Would a letter by a person claiming a Parent Child relationship stating she understands she has no rights (as the sole custody parent keeps telling her), and another where she states she has no obligation to support the child unless she was allowed to adopt be accepted as evidence that she knew it was not a parent child relationship?
2 1/2 years of marriage and 14 months of separation should not give anyone standing for visitation. My son is just starting to excel again in school, his behavior has improved so much. I hate to drag this out with lawyer fees, can I motion to have her pay the legal fees even if she is found to have standing. I find it laughable that she could ever say I was unfit or inconsistant with my Constitutional rights.
Can a Step Parent even respond to the divorce with a motion for visitation?
If I have a permanent custody order from 1999 wouldn’t visitation be a request to modify that?
In order for a third party to seek standing to obtain custody, they must first prove that both natural parents, meaning biological parents, have acted inconsistent with their constitutionally protected status. Until that time, someone could file a Motion to Intervene, but it is unlikely that such Motion would be granted.