Timothy R. Libby v. Kyle Estabrook

Summary

The Maine Supreme Judicial Court held that the District Court abused its discretion by dismissing Timothy R. Libby’s petition to establish de facto parentage without conducting an evidentiary hearing. Libby’s affidavit, if believed, could support standing, and the adverse affidavit presented material factual disputes concerning the parties’ relationships with the child. The court vacated the judgment and remanded for an evidentiary hearing on standing.

Holdings

1. A court abuses its discretion by declining to hold an evidentiary hearing on standing when the petitioner's affidavit, if believed, could establish standing and the opposing affidavit disputes material facts necessary to determine standing.
2. A petitioner seeking de facto parentage has the burden of establishing standing by a preponderance of the evidence, whether the court decides standing from affidavits or after an evidentiary hearing.
3. If Libby establishes standing, the District Court must determine whether he proved the existence of a de facto parentage relationship by clear and convincing evidence.

Questions Presented

1. Whether the District Court abused its discretion by dismissing Libby's de facto parentage petition for lack of standing without holding an evidentiary hearing to resolve disputed material facts.
2. Whether facts alleged in Libby's affidavit, if proved, could establish the statutory requirements for standing to pursue a de facto parentage claim.

Disposition

vacated