Jessica Foust, Appellant v. Maria Montez-Torres, Appellee

Summary

The court affirmed the denial of Foust's request for custody or visitation because she did not stand in loco parentis to the child when she filed her action and therefore lacked standing. It held that the in loco parentis relationship ended after Foust and the child no longer lived together and that the natural parent could terminate the relationship. The court did not reach whether visitation was in the child's best interest. Justice Paul E. Danielson, concurring in part and dissenting in part, would affirm based on the best-interest finding, while Justice Karen R. Baker, concurring, would find no statutory basis for an independent visitation petition.