Davis v. McGuire

The Supreme Judicial Court affirmed the judgment of the district court dismissing Appellant’s complaint seeking to be determined a de facto parent of her grandson. The district court concluded, after a contested hearing, that Appellant failed to establish that she had standing to proceed to a plenary hearing. Specifically, the court found that Appellant did not present prima facie evidence that the child resided with her for a significant period of time or that the mother regarded Appellant as a parent to the child. The court further concluded that the best interest of the child was insufficient to confer standing on Appellant. The Supreme Judicial Court agreed, holding (1) the court was required to dismiss the complaint because Appellant did not have standing to proceed with her de facto parenthood claim; and (2) the court did not hold Appellant to a greater standard than that to which an unrelated third party would be held. View "Davis v. McGuire" on Justia Law