In the Interest of Child B.B.O. Virginia Olds v. Gay Lakay Berry

Summary

The court held that a nonparent need not prove parental consent to establish standing to petition for an allocation of parental responsibilities. Standing under the applicable statutory provisions depends on the child's physical care, and the undisputed facts established that the half-sister had standing because the child was not in either parent's physical care when the petition was filed. The court reversed the court of appeals and remanded for consideration of the remaining appellate issues. Justice Eid, concurring in the judgment, would have limited the ruling to the facts presented and cautioned that criminally obtained care could raise constitutional standing concerns.