In re Custody of B.M.H. Case Brief Summary | Law Case Explained

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In re Custody of B.M.H., 315 P.3d 470 (2013)

A de facto parent is someone who isn’t a child’s legal parent but may be granted custodial rights because of a parent-like relationship with the child. In In re Custody of B.M.H, the court determined whether someone could petition for de facto parentage after forming a parental relationship with a former stepson.

Laurie and Michael Holt were in a relationship and had a son called C.H. They separated three years later. Soon after, Laurie got engaged again. That man died the next year while Laurie was pregnant with his son, known as B.M.H.

Michael provided Laurie emotional support and was present at B M H’s birth. Laurie and Michael married but divorced two years later. Laurie had primary custody of C.H. Michael had visitation rights. B.M.H. wasn’t included in the parenting plan but followed the same visitation schedule.

Michael was actively involved in B.M.H.’s life. They were very close. The boy referred to Michael as his father. Laurie held Michael out as the boy’s father. Laurie changed the boy’s last name to Holt.

When C.H. was 14, he moved in with Michael. Soon after, Michael learned Laurie planned to move 50 miles away with B.M.H. to live with her new boyfriend.

Michael filed a nonparental custody petition, saying Laurie wasn’t a suitable custodian for B.M.H. because she threatened to move away and disrupt the close relationship between Michael and the boy. Michael asked the court to find he was B.M.H.’s de facto parent. The court found Michael had established a case for de facto parentage, but soon after, the Washington Supreme Court decided a case barring a former stepfather from being his child’s de facto parent. Therefore, Laurie moved for revision. The court dismissed Michael’s de facto parentage claim but found cause to proceed to a hearing on Michael’s nonparental custody petition. Both parties appealed to the Washington Court of Appeals, which reinstated Michael’s de facto parentage claim and otherwise affirmed the trial court. Laurie appealed.

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