In re the Parental Responsibilities Concerning B.J. and K.J. Nicole Anne Glab and Jason Glab v. Ronald David Julian…

Summary

The court held that the constitutional presumption favoring a fit parent's decisions applies throughout an allocation of parental responsibilities proceeding, including during an investigative phase. A non-parent seeking parenting time over the parent's objection must rebut that presumption and establish the child's best interests by clear and convincing evidence, and the court must identify the special factors justifying interference. Because the district court ordered visitation without applying these requirements or making the required findings, the court reversed and remanded.