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
- Prep football: Felt's Facts Week 11:03 a.m.
- Weiss new Tour of Utah director 10:54 a.m.
- Moguls skier Jeremy Bloom retires 10:51 a.m.
- Police probe synagogue vandalism 10:44 a.m.
- O'Connor's husband dies 10:36 a.m.
- Russia launches program for tigers 10:35 a.m.
- Veterans Day in Afghanistan 10:34 a.m.
- Drug industry presses FDA 10:31 a.m.
- Obama honors veterans 10:29 a.m.
- New dinosaur species found 10:21 a.m.
- SLC council OKs gay rights policies
- Pratt pleads not guilty to sex charges
- Utah Jazz have a problem at point
- Utah group finds homes for orphans
- Wyoming writer amazed by BYU
- 'Love story' of crash victim ends
- Hair-pulling raises more questions
- Y. tight ends talented tandem
- 4 Jazz players make All-Star ballot
- 12 Utes return to Texas
- House passes health care bill
268 - TCU showdown has big implications
188 - Lobo suspended
185 - Senators want food tax restored
156 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
106 - S.L. vote pending on gay protections
105 - SLC council OKs gay rights policies
98
Maybe someone out there can help me understand how raising the state...
Discrimination is something we all do (and should do) every day. When we go...
is genius. And the many of the poster hereon, provides the explanation. A...
To Anonymous @7:15 a.m., If you want to be free to rent your property only to...
And how is the Constitution to grow? I think the framers thought it would be...
If demand is there then what's the problem? If the state offers early...
Who cares, just want to see the big boys play, not the little leagues. You...
JD is "that good" or they wouldn't be in the game. I assume Wasatch is also...
sounds like a great recruit, Now let's see what BYU will do with him, I'll...
Read the article. What does BYU's year of mediocrity have to do with...
This is ridiculous. Why are we rehiring people into their same positions...


You can be the first to comment on this story.