From Deseret News archives:
Defeat 'in loco parentis' bil
The court ruled that the former lesbian partner of a mother should not have visitation rights to that mother's child under a doctrine known as "in loco parentis," which is Latin for "in the place of a parent." A lower court had granted those visitation rights.
The judicial system may not act as quickly as many people like. It also does not always render decisions that are popular. In cases like this, however, it is the one branch of government best equipped to deal with the case-by-case circumstances of parental custody that deserve special attention. State laws tend to be inflexible to circumstances. They can create unintended victims.
A year ago, Gov. Jon Huntsman Jr. wisely vetoed a bill that would have removed the judicial system's power to decide whether to invoke in loco parentis. Unfortunately, this year's version, sponsored by Sen. Curtis Bramble, R-Provo, is just as bad. It has been rewritten in subtle ways to protect some rights of grandparents and stepparents who are raising a child, but those protections don't go far enough, nor are they broad enough.
Finding "clear and convincing evidence" can be a difficult hurdle, indeed.
For one reason or another, many Utah children are being raised by people who are not their biological or adoptive parents. Sometimes, these situations arise when a parent divorces, remarries and then dies. The child may have had little contact with his or her biological parent, who has been estranged since the divorce and may consider the surviving spouse to be a parent.
Under the court's ruling, someone who is not a biological parent and whose relationship with the child has ended cannot use in loco parentis to seek visitation rights. We hope lawmakers see this as a final word on the subject.
Comments
- George lost in rivalry hatefest 1:33 a.m.
- Paul returns after being out 1:04 a.m.
- Nets finally win 1:04 a.m.
- Olympus downs Box Elder 1:03 a.m.
- Saint Mary's next for Aggies 1:03 a.m.
- Cougars look to bounce back 1:03 a.m.
- Battle goes to PG's Hamson 1:03 a.m.
- Snow hopes to snap bowl game skid 1:03 a.m.
- U.S. gets favorable World Cup draw 1:03 a.m.
- Utah's Wynn healing up 1:03 a.m.
- Ed Smart 'appalled' at testimony
- Mr. Football 2009: Tuni Kanuch
- 5A high school football All-State
- Miller predicted Tiger's rough road
- Utah Jazz going green with unis
- 4A high school football: All-State
- Harpring's NBA career is over
- Nutty Putty Cave to be sealed today
- MVPs wrap up stellar prep careers
- Jazz: Miles, Kirilenko to play Friday
- Hall reprimanded by MWC
410 - Why is Y. ignoring spew of hatred?
294 - BYU says Hall incident resolved
247 - Letters: Liberal because LDS
237 - 2 citations issued at Y.-U. game
189 - Hate not limited to 1 in-state rivalry
184 - Aggies shoot past Cougars
179 - Max Hall: a fixture in rivalry lore
118 - N.Y. Senate rejects gay marriage
118 - Unbeaten BYU takes trip to Logan
104
First, a big thank you to all who posted questions here for me to ask...
and they are correct. Good grief.
In the wake of a great, competitive game all people can talk about is Max...
For those who keep saying there are other places where you can go "to...
Boozer is just doing and showing what he has always had, Talent! As long as...
Condolences to the LeBaron family! He was the mission Pres in South Africa...
I've enjoyed reading Dick Harmon's articles through the years. An enduring...
I think we have found our stride. But we need to bring in one more player to...
to make a move until nearer the deadline. You can't get the best player until...
"If this team had an interior Defense for 48 minutes they would contend. "...
What have you done for me lately, Boozer? Well, lately Boozer has been...


You can be the first to comment on this story.