Supreme Court of Arkansas
Jessica Foust, Appellant v. Maria Montez-Torres, Appellee — Baker, J., Concurring
February 26, 20152015 Ark. LEXIS 120
Summary
Justice Baker concurs in affirming the denial of visitation but writes separately to argue that Arkansas statutes do not authorize an independent visitation petition filed outside a divorce, paternity, or guardianship proceeding, absent in loco parentis status. She also maintains that courts should not create visitation rights for persons whom the legislature has not identified as entitled to them. Justice Danielson, concurring in part and dissenting in part, agrees with affirmance but would affirm on the ground that visitation was not in the child's best interest and criticizes the majority's standing and in loco parentis analysis.