A.H. v. M.P.


447 Mass. 828 (2006)

A.H. vs. M.P.

Supreme Judicial Court of Massachusetts, Middlesex.

December 8, 2006.


Attorney(s) appearing for the Case

Elizabeth A. Zeldin (Anne Robbins with her) for the plaintiff.

John Foskett (Regina M. Hurley with him) for the defendant.

The following submitted briefs for amici curiae:

Karen L. Loewy, Mary L. Bonauto, Nima R. Eshghi, & Jennifer L. Levi for Gay & Lesbian Advocates & Defenders.

Daniel B. Hogan for Fathers and Families, Inc.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


MARSHALL, C.J.

This case raises two questions of first impression. First, whether an adult who is neither the biological nor the adoptive parent of a minor child may assert custody and support rights as a "de facto parent," see E.N.O v. L.M.M., 429 Mass. 824, cert. denied, 528 U.S. 1005 (1999); Youmans v. Ramos, 429 Mass. 774

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