MISSOULA, Mont. — Attorneys with the Alliance Defense Fund filed an appeal Thursday of a Montana judge’s decision to grant parental rights to a woman who is a legal stranger to the children involved. The judge ruled that the former same-sex partner of Dr. Barbara Maniaci is entitled to parental rights simply because the two women lived together for a period of time.
“Undermining the rights of fit parents harms families and children,” said ADF Senior Legal Counsel Austin R. Nimocks. “Fit parents have the right and duty to raise their children, and the U.S. Supreme Court has repeatedly upheld that right. Granting acquaintances and roommates parental rights over the objections of fit parents is a very dangerous precedent. The judge’s refusal to uphold the fundamental rights of parents is a truly disturbing example of that trend. That’s why we have appealed this decision.”
Maniaci solely adopted two children, whom she cared for and supported. After she and her former partner, Michelle Kulstad, ended their relationship, Kulstad, who has no legal or biological ties to either child, sought and obtained visitation and parental rights despite relevant Montana law outlawing such actions.
Against the wishes of Maniaci, who is now married, the court allowed Kulstad to continue to involve herself in the lives of the children, including their schooling and other activities. Kulstad was even permitted to identify herself as the children’s parent to any person or agency. For a period of time, Kulstad had even greater rights than Maniaci and her husband.
A copy of the notice of appeal filed by ADF attorneys with the Montana Supreme Court in Maniaci v. Kulstad is available at www.telladf.org/UserDocs/ManiaciAppeal.pdf.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
www.telladf.org