Smith v. Gordon
Supreme Court of Delaware
968 A.2d 1 (Del. 2009)
Lacey Smith (defendant) and Charlene Gordon (plaintiff) were in a long-term, committed relationship. Smith and Gordon wished to adopt a child from Kazakhstan, but Kazakhstan's law did not allow two women to adopt the same child. Smith and Gordon decided that Smith would adopt the child. Smith and Gordon raised the child, named A.N.S., together for approximately 13 months, at which point they broke up and Gordon moved out of the house. Gordon filed a petition for custody and for a determination of parentage. Smith filed a motion to dismiss Gordon’s petition, arguing that Gordon did not have standing. The family court held that Gordon had standing and awarded Gordon and Smith joint legal and physical custody of A.N.S. Smith appealed.
Rule of Law
Holding and Reasoning (Holland, J.)
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