Thorndike v Lisio

Jessica Lisio (plaintiff) and Tammy Thorndike (defendant) began living together in August 2007 when Lisio’s son, Caden, was three. Lisio worked, and Thorndike stayed home to care for Caden. Thorndike and Lisio became domestic partners and had a child together, Arianna, by artificial insemination in 2009. Lisio returned to work immediately after Arianna’s birth, and Thorndike stayed home with Caden and Arianna, taking care of all parental and caretaking duties. Thorndike presented himself as the children’s father in public. Lisio and Thorndike’s relationship broke down in 2012. Thorndike moved out but continued to call the children daily and had regular visits. Lisio started dating Joshua Cote and, roughly 18 months later, Caden reported to Thorndike that Cote was hitting him. Thorndike reported the abuse to the Department of Health and Human Services (DHS) and worked with the extended family to prevent future abuse. Lisio cooperated with DHS but refused to allow Thorndike to contact the children after he reported the abuse. Thorndike filed a complaint alleging de facto parenthood and seeking a determination of parental rights and responsibilities. Lisio countered, claiming Thorndike had no parental rights. The court found, by clear-and-convincing evidence, that Thorndike was a de facto parent to Caden and Arianna and ordered that Lisio and Thorndike share parental rights with Lisio as the primary residential custodian. Thorndike was granted visitation rights. Lisio appealed, arguing that there was insufficient evidence to support a finding that Thorndike was the children’s de facto parent.