Lead Opinion
Appellant C.G. appeals from the order sustaining Appellee J.H.’s preliminary objection .to C.G.’s standing to seek custody of a ten-year-old child, J.W.H., who is J.H.’s biological son. We affirm.
J.W.H. was born in Florida in October 2006, while C.G. and J.H. lived together as a same-sex couple. The child was conceived by intrauterine insemination. C.G. and J.H. continued to live together for about five more years, and they then separated. J.H. and J.W.H. moved to a separate residence in Florida in February 2012 and moved to Pennsylvania in July 2012. Mai Ct. Op., 9/22/16, at 1-2.
C.G. instituted this action on December 8, 2015, seeking shared legal custody and partial physical custody of. J.W.H. She averred that although J.H. is the biological mother of the child, C.G. “also acted (and acts) as a mother to the minor child as well, as the minor child was conceived by mutual consent of the- parties, with the intent that both parties would co-parent and act as mothers to the minor child.” Custody Compl. at ¶ 3. C.G. stated that the child lived with her and J.H. from his birth in 2006 until the, partiеs’ separation in January or February of 2012. Id.; see N.T., 2/5/16, at 5-6 (correcting date of separation). C.G. alleged that both she and J.H. participated in selecting a sperm donor and that C.G. “served daily as the minor child’s mother, by attending prenatal appointments, participating in the birth of the minor child, cutting the cord when the minor child was born, and otherwise serving as [the child’s] mother along with [J.H.].” Custody Compl. at ¶ 7(B), (C).
On
C.G. filed a response to the preliminary objections, asserting that she had standing under the Child Custody Law both as a parent of the child, see 23 Pa.C.S. § 5324(1), and as a person who stood in loco parentis to the child, see id. § 5324(2).
The court held that C.G. did not have standing as a parent of J.W.H., explaining: “[b]oth parties agree that at the time and place of the child’s birth, [C.G.] was not considered a parent of the child because same-sex marriage and second parent adoption was not yet recognized in Florida in 2006.” Trial Ct. Op. at 3. In the court’s View, the controlling question therefore was whether C.G. stood in loco parentis to J.W.H. In turning to that question, the court recognized that “[a] domestic partner with no biological connection to a child may stand in, loco parentis to a child,” id. at 4, and that it therefore needed to consider “whether the third party lived with the child and the natural parent in a family setting, irrespective of its traditional or nontraditional composition, and developed a relationship with the child as a result of the participation and acquiescence of the natural parent.” Id. (quoting Bupp v. Bupp,
The court then engaged in an extensive review of the evidence from the hearing. The court began:
The issue before the Court is whether [C.G.], assumed parental duties and obligations for the child, as alleged by [C..G.]j or merely was involved in the child’s life as [J.H.] ’s significant other, as argued by [J.H.]. [J.H.] was added to the deed to [C.G.J’s house, and a joint home equity line of credit was obtained by the parties to renovate the residence prior to the child’s birth. The parties agree that [J.H.] went through the insemination process during their relationship while the parties were living together. [J.H.] and child lived with [C.G.] in Florida for nearly six years of his life, and the child referred to [C.G.] as “Mama Cindy” and [J.H.] as “Mom.” The parties had a commitment ceremony, baby shower, and both parties were present for the child’s birth and christening.
Outside these basic facts [C.G.J’s testimony and. [J.H.J’s testimony is oftеn in direct conflict. ... [C.G.] testified that she is a parent,, acted like a parent, and was held out as a parent to others and to the child, while [J.H.] • claims [C.G.] had no desire or intent to parent the child, and all interactions between [C.G.] and the child were merely incidental to [C.G.] and [J.H.] ’s relationship.
Trial Ct. Op. at 5. The- court said that it had to resolve this “direct conflict” by assessing the credibility of the witnesses- and the weight of the testimony. Id. The court engaged in that task by methodically discussing six categories of evidence: documents; testimony regarding care for J.W.H.’s physical, emotional, and social needs; evidence regarding financial support; “perception” evidence; evidence regarding
Citing J.A.L. v. E.P.H.,
While the parties dispute who initiated the removal of the child from the insurance, the Court finds [J.H.j’s testimony credible, [J.H.] testified that [C.G.] was removing her and the child from the policy, and that the child could not remain covered by [C.G.]. Such action was consistent with [C.G.] ’s post-separation conduct of removing [J.H.] and the child from her residence, and ending any financial support for the child.
Id. at 6-7.
With respect to J.W.H.’s “[p]hysical, [e]motional, and [s]ocial needs,” the court found:
The pre-separation conduct of [C.G.] and [J.H.] does not indicate that they intended [C.G.] to be a. parent to the child. The testimony varied greatly on the duration and nature of the care [C.G.] provided to the child. [C.G.] worked full-time Monday through Friday, and [J.H.] worked part-time two or three evenings a week and on Saturdays for approximately 10-12 hours a week. [J.H.] disputes that [C.G.] was an equal caregiver, and characterizes [C.G.] ’s participation in childcare as that of a babysitter. Others characterized the interactions between [C.G.] and the child as playing, not parenting. [C.G.] would relieve the babysitter in the evenings [J.H.] worked, and cared for the child until [J.H.] arrived home. [C.G.] testified she prepared meals, went on small outings, took the child for haircuts, and would sometimes get him ready for bed in the evening. [J.H.] testified [C.G.], on occasion, refused to care for the child, and she was left to find alternative childcare.
Significantly, [J.H.] did not consult [C.G.] regarding educational or medical decisions, such as choosing and paying for preschool, activities, or selecting the child’s doctor. Similarly, she was the one to schedule doctor appointments, child care, and coordinated extracurricular activities. While [C.G.] occasionally attended activities аnd appointments, or provided care, she did not have exclusiveresponsibility for the child or assume the role of a decision-maker for the child. The [cjourt finds [J.H.] never encouraged [C.G.] to assume the status of parent to her child, nor did [C.GJ’s contributions amount to that of a parent.
Trial Ct. Op. at 7-8.
The court found that J.H. “paid for all aspects of the conception process.” Trial Ct. Op. at 8. The parties “split household expenses,” but J.H. purchased items needed specifically for J.W.H.’s well-being, including diapers, clothing, and food. Id. The court found: “The evidence presented does not establish [C.G.] assumed financial responsibility for the child. Instead, [C.G.] financially contributed to the household overall, and such contributions provided a tangential benefit to the child.” Id.
Under the heading “Perception,” the court found:
There is also a dispute regarding whether the parties held the child out to others as their child, rather than just [J.HJ’s child. Some witnesses perceived both parties to be parents of the child, while others tеstified that only [J.H.] was a parent of the child. The child referred to [C.GJ’s parents as “Grampa Joe” and “Grandma Ann.” [C.G.’s children] testified that they were told the child was' their brother, though this is disputed by [J.HJ. The family would vacation and celebrate special occasions together, and send out a Christmas card as a family. These extended family members, however, have not reached out' to thé child since he moved to Pennsylvania with the exception of one birthday card. Such actions do not indicate a familial relationship; rather, it appears that such titles were created as a way for the child and [C.GJ’s family to easily refer to one another, and such interactions were incidental to [C.G.] and ’[J.H:] being in a relationship.
Trial Ct. Op. at 8.
Citing S.A. v. C.G.R.,
Finally, the court found:
Perhaps most telling that [C.G.], did not assume the role of a parent is her conduct post-separation. [J.HJ and the child moved to a separate residence in Florida in February of 2012, after [C.G.] made them leave when the relationship ended. [C.G.] saw the child approximately once a week between February and July 2012; and would attend some of the child’s extracurricular activities. Since July 2012, [C.G.] testified that shé has only seen the child once, in March of 2014 whеn [J.H.] went to Florida, but has spoken to him on the phone occasionally. [C.G.] testified she has not paid any child support to [J.HJ, but did pay for one week of science camp and one month of child care in 2012. Additionally, [C.G.] sends the child occasional care packages of little monetary value, yetmaintains she has been willing to pay-child support pursuant -to a written agreement. Further, [C.G.] has not requested to be involved in educational, medical, or day:to-day decisions involving the child, and [C.G.] never requested copies of documents related to such things. Such minimal contact for nearly four years is not suggestive of a person who assumed parental status and discharged parental duties.
. [C.G.] maintains [J.H.] used, the child as leverage for a settlement on the house. [C.G.] acted under the impression that once she paid [J.H.] for her interest in the house, [J.H.] would allow her to see the child. The.. [c]ourt, however, is not convinced that [J.H.] -withheld the child from [C.G,]. Rаther, [J.H.] allowed occasional contact by phone, provided updates and photographs through email and text messages, and accepted nomi.nal gifts from [C.G.]. [J.H.] describes these interactions as the same that she shared with her other friends, and as consistent with [C.G.] ’s level of involvement in the child’s life. [J.H.] even provided the opportunity for a face-to-face visit when they were in Florida in 2014. Conversely, [C.G.] never flew tó Pennsylvania to visit the child or assist [J.H.] in the discharge of parental duties. Once [C.G.] and [J.H.] no longer resided together, [C.G.] ’s financial contributions all but ended, as her prior contributions were mostly in the nature of household expenses. Therefore, the parties’ conduct postiseparation is consistent with the finding that [C.G.] was not a parent to the child.
Trial Ct. Op. at 9-10 (footnote omitted).
In the end, the trial court found that C.G. did not stand in loco. parentis to J.W.H. It stated:
The testimony and evidence clearly indicates [C.G.] played a role in the child’s early life, but the totality of the circumstanсes do not indicate that [C.G.] “stood in the shoes” of a parent. Rather, [C.G.] participated in minor activities and provided financial support incidental to living with [J.H.]. . •
Trial Ct. Op. at 5. C.G. “did not assume key financial or caretaking parental duties or a décision-making role in the child’s life.” Id. at 10. Although the court acknowledged ' that around the time of J.W.H.’s birth, J.H. wrote two affectionate notes regarding the child and that C.G. made J.W.H. a beneficiary on her life insurance, the court concluded, “Two -letters and one policy, coupled with [J.H.]’s testimony that [C.G.] never agreed to have a child-, but merely tolerated the idea of [J.H.] having a child, do- not establish [C.G.] as a mother to the child.” Id. at 6. The court therefore sustained J.H.’s preliminary objection as to C.G.’s standing and dismissed C.G.’s complaint.
On October 17, 2016, C.G. filed a timely notice of appeal. She presents the following issues, as stated in her brief:
1. Did'the [t]rial [c]ourt abuse its discretion ana commit [an] error of law by failing to apply the corrеct legal standard in adjudicating [J.H.]’s Preliminary Objections to [C.G.] ’s Complaint for Custody?
2. Did the [t]rial [c]ourt abuse, its discretion and commit [an] error of law by finding [C.G.] had no in loco parentis .standing to seek partial custody of the ... child pursuant to 23 Pa.C.S. Section 5324(2)?
3. Did the [t]rial [c]ourt abuse its discretion and commit [an] error of law when it determined that the period of time between separation and [C.GJs Custody Complaint should be weighted significantly in determining the issue of standing?
4. Is [C.G.] a. legal parent under 23 Pa. C.S. [§ ] 5324(1)?
C.G.’s Brief at 5.
Standing as a Parent
For ease of disposition, we begin by taking C.G.’s fourth issue out of order, as it presents a pure question of law. C.G. contends that the trial court erred in finding that she did not have standing as J.W.H.’s parent under 23 Pa.C.S. § 5324(1). Although C.G. is not J.W.H.’s biological parent, she contends that she and J.H. jointly conceived and raised the child for six years, and that biology should not be the controlling factor in determining who is a parent,
The trial court stated: “Both parties agree that at the time and place of the child’s birth, [C.G.] was not considered a parent of the child because same-sex marriage and second parent adoption was not yet recognized in Florida in 2006.[
This issue is one of statutory interpretation. “In evaluating a trial court’s application of a statute, our standard of review is plenary and is limited to determining whether .the trial court committed an error of law.” Commonwealth v. McFadden,
The Child Custody Law confers standing on a “parent of the child,” but does not define “parent.” See 23 Pa.C.S. § 5324(1). Pennsylvania courts have interpreted “parent” to include only biological parents and adoptive parents. See T.B. v. L.R.M.,
C.G. does not cite any statute or case law establishing that a former life partner who has no biological relationship to the child and has not adopted the child can be a “parent to the child” under 23 Pa.C.S.
Standing Through In Loco Parentis Status
C.G.’s remaining issues relate to the trial court’s determination that she does not stand in loco parentis to J.W’.H. and therefore lacks standing on that basis. The Child Custody Law confers standing on “[a] person who stands in loco parentis to the child.” 23 Pa.C.S. § 5324(2). “The phrase ‘in loco parentis’ refers to a person who puts oneself in the situation of á lawful parent by assuming the obligations incident to the parental relationship without going through the formality of a legal adoption.” T.B.,
The trial court found that C.G. was not in loco parentis to J.W.H. following its extensive review of the evidence presented at an evidentiary hearing. In T.B., our Supreme Court instructed:
The scope of review applied by an appellate court to a child custody order is of the broadest type; the appellate court is not bound by the deductions or inferences made by the trial court from its findings of fact, nor must the reviewing court accept a finding that is not supported by competent evidence. However, this broad scope of review does not vest an appellate court with the duty or privilege of making its own independent determination. An appellate court may not interfere with the trial court’s factual conclusions unless they are unreasonable in view of the trial court’s factual findings and thus represent an abuse of discretion.
Legal Standard Governing Determination of Standing
In her first issue, C.G. contends that the trial court applied the wrong legal standard in evaluating her claim to standing. Whether an incorrect legal standard was applied is a question of law, and thus our standard of review is de novo. Braun v. Wal-Mart Stores, Inc.,
C.G. concedes that “if preliminary objections challenge the ‘factual accuracy’ of the complaint leading to the objections, the [c]ourt may hold a hearing to resolve the factual disagreements.” C.G.’s Brief at 14-15. Thus, she agrees that when she claimed to have standing because she is in loco parentis to J.W.H., the trial court properly held a factual hearing to resolve J.H.’s preliminary objection to that contention.
In her response, J.H. points out preliminarily that C.G. did not challenge the legal standard applied by the trial court in her statement of issues under Appellate Rule 1925(b),
J.H.’s preliminary objections coupled a Pa.R.Civ.P. 1028(a)(5) objection to C.G.’s standing (“capacity to sue”) with a demurrer under Rule 1028(a)(4). See Defendant’s Prelim. Objs. ¶13 (“[J.H.] hereby raises a demurrer to [C.G.] ’s claims, and seeks dismissal of this action pursuant to Pa.R.C.P. 1028(a)(4) and (5), on the basis that [C.G.] fails to state a claim upon which relief can. be granted and lacks standing to bring an action, for legal or
In ruling on these -issues, the trial court properly noted the distinction between a demurrer, which raises only a question of law, and an objection to standing that turns on resolution of fact questions:
“[P]reliminary objections in the nature of a demurrer require the court to resolve issues solely on the basis of the pleadings; no testimony or other evidence outside of the complaint may be • considered to dispose of the legal issues presented by a demurrer.” Morley v. Gory, 2002 PA Super. 421,814 A.2d 762 , 764 [(Pa. Super. 2002)] (citation omitted). - Standing, however, is “a necessary -threshold issue which must be determined before proceeding to the'central question in the underlying custody ac- ' tion regarding who should exercise custody over Child.” K.C. v. L.A., [633 Pa. 722 ,128 A.3d 774 , 779 (2015)] (citation omitted)..., [I]t is proper for a court to hear testimony and admit other evidence into the record in order to determine a preliminary objection as to standing.
Trial Ct. Op. at 2-3 (some formatting altered). This distinction is critical to C.G.’s first issue. While standing issues sometimes can turn on pure questions of law,
As the trial court observed, this hearing procedure is fundamentally different from what happens on a demurrer. A demurrer tests only whether, as a matter of law, the pleaded allegations may entitle the pleader to relief. To answer that question,
But once each side’s evidence has been presented at a hearing, the pleaded facts no longer are determinative; it is the actual proof that counts. The hearing will determine what the facts actually are. Therefore, on preliminary objections that require a factual hearing, the plaintiff’s factual allegations no longer are presumed to be true and there is no longer any need to give the plaintiff the benefit of any doubt about its case. Those doubts will have been resolved. Therefore, C.G.’s position that after holding the factual hearing on standing, the trial court still was required to rule in C.G.’s favor so long as she presented a colorable claim to standing that could survive the “clear and free from doubt” standard applicable to a demurrer is incorrect. The purpose of a hearing is to replace the colorable claim with decided facts and thereby to make the facts of the case clear and free from doubt.
Such a definitive resolution by a hearing is especially important when the preliminary objections present a standing issue regarding whether a putative custody plaintiff has in loco parentis status. Recognition of that status confers on the plaintiff a prima facie claim to custody. McDonel v. Sohn,
[W]henever there are contested issues relating to standing, the [Child Custody Law] gives parents the ability to bifurcate the proceedings by seeking dismissal for lack of standing, thereby requiring that any such preliminary questions be resolved before the complaint’s merits' are reached.
The potential for such bifurcation serves an important screening function in terms of protecting parental rights. As suggested, it facilitates early dismissal of complaints, thereby relieving families of the burden of litigating their merits where a sufficient basis for standing is absent.
D.P. v. G.J.P.,
Thus, where there is a preliminary objection to standing in a custody case and the trial court holds an evidentia-ry hearing, the objection may be overrated only if the party claiming standing proves
Here, the trial court did not merely look to see if C.G. made allegations of standing that could withstand attack under the “clear and free from doubt” test. Instead, it held a hearing, made findings about disputed facts, and resolved C.G.’s claim to standing on the basis of its findings. That is precisely what it was required to do, and the trial court thus did not err.
The foregoing discussion also disposes of C.G.’s argument that the trial court should not have deferred consideration of the merits of her custody claim until it decided the standing question. C.G. apparently . contends that if the trial court had determined only whether she made a colorable claim to standing, the court could have proceeded to thе merits of the custody case and then decided her standing and the merits of her custody claim together. See C.G.’s Brief at 17-18. But as the Supreme Court explained in D.P.,
For all of these reasons, C.G.’s first claim of error is without merit.
The Finding That C.G. Was Not In Loco Parentis
In her second issue, C.G. argues that the trial court erred in concluding that she lacked in loco parentis status. She contends that the evidence proved she acted as a co-parent to the child and that the trial court abused its discretion by “either disregarding] or minimizing] evidence” that she acted as a parent to the child and “minimizing] the family structure the minor child resided in for a period of six years.” C.G.’s Brief at 26. Under T.B.,
The Supreme Court has explained thát “the status of in loco parentis embodies two ideas; first, the assumption of a parental status, and, second, the discharge’ of parental duties.” T.B.,
In T.B., the trial court found that a same-sex partner, T.B., had in loco paren-tis standing to the child at issue, A.M. This Court and the Supreme Court of Pennsylvania affirmed. In its opinion, the Supreme Court deferred to the trial court’s factual findings because the record supported them. T.B.,
In J.A.L., this Court reversed a trial court ruling that a same-sex partner, J.A.L., lacked in loco parentis standing with respect to the child there at issue, G.H. J.A.L.,
Here, the trial court heard extensive conflicting testimony regarding the role that C.G. played in the child’s life. After hearing this evidence, the court made several findings that led it to conclude that C.G. did not stand in loco parentis to J.W.H. Among these were that: the parties “took no steps to formalize a co-parenting arrangement” and .neither- party suggested adoption after adoption by members of a same-sex couple became a legal option in Florida in 2010; C.G. “never agreed to have a child, but merely tolerated the idea of [J.H.] having a child”; although C.G. initially carried the child on her medical and dental insurance, she removed him from her policies after the parties separated; C.G. was not listed as a parent on school or medical documents and was not intended to be the child’s guardian if something happened to J.H.; C.G. acted as a babysitter (according to J.H,, she sometimes refused to care for the child), and some witnesses characterized her interactions with the child “as playing, not parenting”; J.H. did not consult C.G. regarding educational or medical decisions, including preschool selection,.doctor selection or appointments, child care, and the child’s activities; C.G. did not “аssume the role of a decision-maker for the child” or make contributions amounting to that of a parent; while C.G. contributed financially to the household, she did not assume financial responsibility for the child; C.G.’s extended family members, have not reached out to the child since the. parties’ separation; “the evidence presented does not establish a parent/child relationship exists between the child and [C.G.],” and “the child does not cry .for, request to see, or otherwise reach out for [C.G.] ”; and “the parties’ conduct post-separation is consistent with- the finding that [C.G.] was not a parent to the child.” Trial Ct. Op. at 6-10. The trial court resolved issues of credibility in favor of J.H., and the record supports its findings.
The court’s holding rests on the unique facts of this case, and there are significant distinctions between this case and T.B. and J.A.L., the main decisions on which C.G. relies. For example, in. T.B. and J.A.L., the parties decided together to have a child; here, the court credited J.H.’s testimony that C.G. “never agreed
The trial court’s opinion reflects a careful, thorough, and proper consideration of the evidence presented by both parties, and did not, as C.G. alleges, simply disregard the evidence in her favor. Faced with conflicting testimony regarding C.G.’s role in the child’s life, the trial court acted well within its discretion in resolving those conflicts in favor of J.H, Because the record supports the triаl court’s findings and the trial court’s conclusions are reasonable, we affirm its holding that C.G. lacked in loco parentis status. See T.B.,
Consideration of Post-Separation Conduct
In her remaining issue, C.G. contends that the trial court abused its. discretion by giving too much weight to the parties’ post-separation conduct in determining the issue of standing. C.G. relies on the principle that “once standing to sue for custody has been obtained, it does not ‘vanish’ or somehow ‘atrophy.’ ” C.G.’s Brief at 30.
In J.A.L., we considered, among other factors, the post-separation conduct of the parties when addressing , the issue . of standing. See J.A.L.,
In support of her argument, G.G. relies on Grom v. Burgoon,
For the foregoing reasons, we affirm the trial court’s order.
Judge Moulton joins the opinion.
Judge Musmanno files a concurring opinion.
Notes
. C.G. had two children from a previous relationship.
. Section 5324 provides:
Standing for any form of physical custody or legal custody.
The following individuals may file an action under this chapter for any form of physical custody or legal custody:
(1)A parent of the child.
(2) A person who stands in loco parentis to the child. .
(3) A grandparent of the child who is not in loco parentis to the child [under specified conditions not relevant here].
. In her statement of issues under Appellate Rule 1925(b), C.G. asserted that the trial court's finding that she was not J.W.H.’s parent "unconstitutionally restricts persons in a same-sex relationship from being able to re- > produce and share legal parentage of a minor child.” Pa.R.A.P. 1925(b) Statement at ¶ 3. In response, in its Rule 1925(a) opinion, the trial court said, "[I]n finding [C.G.] was not a parent to the child, the [c]ourt focused on her actions and/or lack of actions. This finding in no way unconstitutionally restricts persons in a same-sex relationship from being able to reproduce and share legal parentage.” Pa. ■ R.A.P. 1925(a) Op., 10/31/16, at 1. C.G. has not reasserted her constitutional argument in this Court.
. Second parent adoption became legal in ' Florida in 2010, before the parties separated. Trial Ct. Op. at 6. As the trial court found, C.G. made no effort to adopt J.W.H. after 2010.
. As J.H. and C.G. were not married when J.W.H. was born (or thereafter), we need not consider here the parental status of the same-sex spouse of a biological mother.
. C.G. also cites Butler v. Illes,
. C.G.’s Rule 1925 Statement raised the following issues;
1.The Trial Court abused its discretion when it found that [C.G.] did not have in loco par-entis standing to pursue custody rights to the minor child, and thereafter dismissed her Custody Complaint.
2. The Trial Court committed an abuse of discretion and error of law when it found that [C.G.] was not a parent to the minor child at issue.
3. The Trial Court committed an abuse of discretion and error of law when it found that [C.G.] was not a parent to the minor child at issue, because such a finding unconstitutionally restricts persons in a same-sex relationship from being able to reproduce and share' legal parentage of a minor child.
. C.G.’s claim to standing as J.W.H/s parent is one such example. See also, e.g,, D.P. v. G.J.P.,
. In Kellogg,
. C.G.'s reliance on Kellogg to support her argument is misplaced. Kellogg was an early standing case that addressed the issue in light of a decided lack of precedents. See
. The trial court acknowledged twо handwritten notes from J.H, to C.G. and C.G.’s life insurance policy, on which she identified the child as her son. The court weighed this evidence against the other evidence in the; case and concluded that it did not establish that C.G. assumed a role of mother to J.W.H. Trial Ct. Op. at 6. The cohrt 'did not abuse its discretion in making that determination.
. We also find our holding regarding post-separation conduct in Liebner,
Concurrence Opinion
CONCURRING OPINION BY
While the Majority sets forth a comprehensive anаlysis of the issue of standing in this case, I write separately to convey my concerns regarding the trial court’s eviden-tiary hearing in this matter. From the trial court’s Opinion, it is apparent that the court applied a custody “best interests” standard, rather than considering the factors relevant to a standing challenge asserted through preliminary objections.
I additionally note that, while the Majority properly relied on our Supreme Court’s decision in T.B. v. L.R.M.,
. At that time, same-sex marriage was not recognized under Florida law. If C.G. were male, standing would not be an issue because C.G. would have been considered to be a “parent.”