Martin v. MacMahan

Mark Martin (plaintiff) and Marylou MacMahan (defendant) were the biological parents of twins (the children) born in 2014. The couple did not have a vehicle and lacked resources to provide for the children. Dawn Ostrander, a lifelong friend of MacMahan, and Dawn’s husband, James Ostrander, provided all the necessities of care for the children, including diapers, formula, and clothing. Dawn drove MacMahan and the children to medical appointments. When the twins were four months old, Martin moved the family to Kansas, thinking he would find employment and housing there. Martin was wrong and instead was arrested after being caught shoplifting. Thereafter, Martin generally stayed in Kansas. MacMahan and the children had no money, housing, or transportation. Dawn brought them back to Maine and provided all aspects of the children’s care. The children also primarily lived with the Ostranders, and Martin refused to bring them to Kansas. In June 2017, Martin filed for divorce. In April 2018, the Ostranders obtained a protective order from abuse against MacMahan on behalf of the children. Martin contacted the Ostranders and gave them temporary legal authority over the children. The children visited Martin for a few months in 2018 but otherwise resided with the Ostranders. The children relied on the Ostranders to meet all their needs; the children’s teachers and healthcare providers had only ever had contact with the Ostranders. In November 2018, the Ostranders sought a court ruling of de facto parentage. In opposition, Martin sought sole custody of the children. The court held a trial and found in favor of the Ostranders on each of the elements of their de facto parentage claim, including that MacMahan supported and accepted that the Ostranders were acting as parents to the children and that Martin knew or should have known about the de-facto-parent relationship and purposefully chose to abdicate his financial and care responsibilities. The court ruled that it was in the children’s best interests to have their primary residence with the Ostranders. Martin appealed.