154 A.3d 624
Me.2017Background
- Thorndike (who lives as a man) began living with Lisio and her son Caden in 2007 and functioned as a primary caregiver: daily childcare, medical appointments, bathing, feeding, reading, and household chores.
- Lisio and Thorndike registered as domestic partners during Lisio’s pregnancy with Arianna (born 2009); both raised Arianna and Caden as a family while Thorndike continued as the primary daytime caregiver.
- The relationship deteriorated and Thorndike moved out in 2012; he continued contact until June 2014 when, after Caden disclosed abuse by Lisio’s then-partner, Thorndike involved family and DHHS; the children were placed with Lisio’s parents and Lisio thereafter cut off contact.
- Thorndike filed for paternity/parental rights in 2014 and amended to allege de facto parenthood; after procedural service issues, the court held an evidentiary hearing in March 2016.
- The trial court found by clear and convincing evidence that Thorndike was a de facto parent and ordered shared parental rights and a phased contact schedule; Lisio appealed, challenging factual findings and sufficiency of evidence.
- The Supreme Judicial Court of Maine affirmed, concluding the record supported (1) Thorndike’s permanent, unequivocal, committed, and responsible parental role, and (2) exceptional circumstances justifying interference with the legal parent’s rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thorndike is a de facto parent under Maine law | Lisio: court’s factual findings lack sufficient credible evidence; some findings erroneous and cannot support de facto parenthood | Thorndike: he undertook and performed a permanent, committed parental role with Lisio’s consent and acted to protect the children, creating exceptional circumstances | Affirmed: clear and convincing evidence supported de facto parenthood and that removal would substantially harm the children |
Key Cases Cited
- Pitts v. Moore, 90 A.3d 1169 (Me. 2014) (defines the two-element de facto parent test: permanent/committed parental role and exceptional circumstances)
- C.L. v. L.L., 125 A.3d 350 (Me. 2015) (applies Pitts standard and discusses evidentiary showing required)
- Kilborn v. Carey, 140 A.3d 461 (Me. 2016) (clarifies review standards and the exceptional-circumstances requirement)