In Re BJ

Summary

The court held that the constitutional presumption favoring a fit parent's decisions applies throughout an allocation-of-parental-responsibilities proceeding, including investigatory parenting-time orders involving nonparents. A nonparent opposing a fit parent's determination must rebut that determination and prove the requested parenting time by clear and convincing evidence, and the court must identify the special factors supporting interference. The court reversed the visitation order because the district court applied no such standard and made no required findings.