Moreau v. Sylvester, Sylvester v. Moreau

Robinson, J.,

¶ 44. dissenting. Although I acknowledge that father presents this case as a challenge to Titchenal, I do not believe that the question actually raised by this case is whether “equity provides a jurisdictional basis for de facto parents to petition the family court for custody, parentage and visitation in the absence of a statutory right to do so, and notwithstanding the holding in Titchenal that equity confers no jurisdiction in the civil *205court for such claims.” See ante, ¶ 19. Nor do I believe that the question in this case is whether a third-party nonparent is entitled to…