Matter of the Parentage of L.J.M.

Adrienne Bergsieker had a son, L.J.M., with Nathan McAllister (defendant). When L.J.M was four, Adrienne started dating Philip Bergsieker (Bergsieker) (plaintiff). A year later, the couple married and began living together with L.J.M. Bergsieker cared for L.J.M. as a son, financially supporting L.J.M. and becoming involved in every aspect of L.J.M.’s life. L.J.M. referred to Bergsieker as his dad. Further, although school staff, medical providers, and family friends were aware that Bergsieker was L.J.M.’s stepfather, they looked to Bergsieker and Adrienne for parenting decisions and not to McAllister. When L.J.M. was nine, Bergsieker petitioned to be declared a de facto parent, which would make him L.J.M.’s third legal parent. At the time of the petition, McAllister was incarcerated. He had no legal or physical custody of L.J.M. nor visitation rights. Nevertheless, he opposed Bergsieker’s petition, arguing that Bergsieker did not meet the statutory requirements for de facto parentage. The trial court agreed, finding that Bergsieker lacked standing for a de-facto-parentage action because he satisfied only five of seven statutory requirements. Specifically, the court found that (1) Bergsieker had not undertaken permanent parenting responsibilities because McAllister was still living and (2) Bergsieker had not held out L.J.M. as his child because L.J.M. had a different last name and the community knew Bergsieker as L.J.M.’s stepfather, not his genetic father. Bergsieker appealed the dismissal of his petition.