Smith v. Gordon
Supreme Court of Delaware
968 A.2d 1 (Del. 2009)
Relevant factsFree
Smith (defendant) adopted a child from Kazakhstan (which barred joint adoption by same-sex couples) while in a relationship with Gordon (plaintiff), and the two co-raised the child for about 13 months before separating; Gordon petitioned for custody as a de facto parent, and the family court found she had standing and awarded joint custody.
IssueFree
Whether a de facto parent has standing as a parent to file a petition for custody if the child is not dependent or neglected.