Stephanie Spivey Daniel v. Darrell Spivey

Summary

The court reversed the visitation award because the evidence showed that the stepfather was a caring and involved stepparent but did not establish that he had assumed the full rights, duties, and responsibilities of a parent. Although he shared a close relationship with the child, provided some care and necessities, and participated in school and recreational activities, those circumstances were insufficient to establish an in loco parentis relationship. Justices Danielson and Corbin, joined by Brown, dissented, contending that the majority improperly reweighed evidence and failed to apply the clearly erroneous standard.