Hawkins v. Grese
Virginia Court of Appeals
809 S.E.2d 441 (2018)
- Written by Mike Begovic, JD
Facts
Denise Hawkins (plaintiff) and Darla Grese (defendant) were in a relationship for 10 years, raising one child, B.G., together by way of the artificial insemination of Grese. Hawkins and Grese never married, and Hawkins never sought legal adoption of the child. Upon separating in 2014, the couple entered into an informal arrangement, which ended up lasting two years, whereby they shared custody of B.G. Eventually, Grese and Hawkins had a falling out, and Grese refused to allow Hawkins time with B.G. Hawkins filed a petition seeking custody and visitation rights for B.G. in the juvenile and domestic relations court, which awarded joint legal and physical custody to both Hawkins and Grese. The court relied on a finding that B.G. considered both Grese and Hawkins to be his parents, and that excluding one from his life would be detrimental. Grese appealed the decision with respect to the joint-custody award. The circuit court determined that Hawkins could not be a parent, and that Hawkins, as a nonparent, had failed to rebut the parental presumption in favor of Grese, the biological and legal parent. Hawkins appealed, contending that the circuit court violated her Fourteenth Amendment rights of liberty and equality.
Rule of Law
Issue
Holding and Reasoning (Humphreys, J.)
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