Bethany v. Jones
2011 Ark. 67
| Ark. | 2011Background
- Alicia Bethany and Emily Jones were long-term same-sex partners who co-parented E.B. from 2000–2008.
- E.B. was conceived via artificial insemination in 2004–2005; Jones provided ongoing caregiving and the child used Jones’s last name.
- Bethany and Jones intended to co-parent and Bethany recognized Jones as a parent at conception.
- After their relationship ended in 2008, Bethany denied Jones visitation with E.B.; Jones filed an action for custody/equitable estoppel.
- The circuit court found Jones stood in loco parentis to E.B. and awarded visitation; Bethany sought transfer for improper venue.
- This appeal follows, with the majority affirming and a dissent arguing against recognizing a third party’s visitation rights under in loco parentis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones can seek visitation despite lack of statutory standing. | Jones stood in loco parentis and thus had standing. | Arkansas law does not recognize the nonparent’s visitation rights. | Jones has standing under in loco parentis and visitation was proper. |
| Whether in loco parentis supports a visitation award against a fit parent. | Robinson supports awarding visitation to a stepparent standing in loco parentis. | In loco parentis should not override a fit parent’s rights absent statutory support. | Yes, court may award visitation when standing in loco parentis and in child’s best interests. |
| Whether best interests of E.B. warrant visitation with Jones. | Best interests require preserving the Jones–E.B. relationship. | Best interests are outweighed by Bethany’s parental rights absent legislative support. | Visitation in E.B.'s best interests; court properly weighed bond and family relationships. |
| Whether the case should be transferred for proper venue. | Hot Springs Garland County was proper; Perry County venue was improper. | Bethany remained Perry County resident when action filed; no abuse of discretion. | No abuse of discretion; Perry County proper at time of filing; transfer denied. |
Key Cases Cited
- Robinson v. Ford-Robinson, 362 Ark. 232 (2005) (upholding stepparent standing in loco parentis for visitation)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental due-process rights in custody decisions; weight to fit parent)
- Linder v. Linder, 348 Ark. 322 (2002) (grandparent visitation statute unconstitutional as applied; special weight to parent’s decisions)
- Digby v. Digby, 263 Ark. 813 (1978) (best-interest standard as guiding custody matters; deference to trial court)