BRENDA LOUISE MUSIC, APPELLANT,
v.
TARA SUE RACHFORD, APPELLEE
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A non-parent is not entitled to shared parental responsibility or visitation rights, as such rights are statutory and courts lack inherent authority to grant them.
Appellant alleged she was in a domestic partnership with appellee, helped raise appellee's child conceived via artificial insemination, and cohabited …
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PER CURIAM.
This is an appeal from a final order dismissing appellant’s complaint with prejudice for failure to state a cause of action upon which relief can be granted. We affirm.
In her complaint appellant alleged that the parties were involved in a lesbian relationship, forming a domestic partnership, which lasted from February 1989 until September 1993. She further alleged the parties decided to raise a child together, and as she was unable to have a child, appellee was artificially inseminated. Appellant accompanied appellee to prenatal classes, was present during the birth of the child, and cohabited with appellee and the child, who was given appellant’s surname, until September 1993 when the child was three years old. Appellant alleged that in 1993 when the relationship ended, appellee terminated all access to the child. The primary issues on appeal pertain to her complaint for shared parental responsibility and visitation.
We reject appellant’s argument that she is a de facto parent and as such, entitled to the rights of a parent under chapter 61, Florida Statutes, and AFFIRM on the controlling authority of Meeks v. Gamer, 598 So. 2d 261 (Fla. 1st DCA 1992) (“[v]isitation rights are, with regard to a non-parent, statutory, and the court has no inherent authority to award visitation”; the courts have “no authority to compel visitation between a child and one who is neither a parent, grandparent, nor great-grandparent”).
JOANOS, MICKLE and LAWRENCE, JJ., concur.
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Wakeman v. Dené B. Dixon, 921 So. 2d 669 (Fla. 1st DCA 2006)…Fla. 5th DCA 1994)(“Florida courts do not recognize a claim for specific performance of a contract for visitation in favor of a non-parent.”). 823 So. 2d at 319. Our holding in the case on appeal is controlled by our decision in Music v. Rachford, 654 So. 2d 1234 (Fla. 1st DCA 1995). In Music, we held that chapter 61, Florida Statutes, does not allow non-parents to seek custody or visitation. By its explicit provisions, section 61.13, Florida Statutes (2004), concerns only the parents’ custody, support and v…
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T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011)…Kazmierazak v. Query, 736 So. 2d 106 (Fla. 4th DCA 1999) (rejecting claim of visitation rights by “psychological parent,” and discussing in detail Florida statutes under which a non-parent may petition for custody or visitation); Music v. Rachford, 654 So. 2d 1234 (Fla. 1st DCA 1995) (rejecting former lesbian partner’s claim for child [*808] visitation and shared parental responsibility based on status as “de facto” parent); Taylor v. Kennedy, 649 So. 2d 270 (Fla. 5th DCA 1994) (prohibiting trial court from a…
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Kazmierazak v. Query, 736 So. 2d 106 (Fla. 4th DCA 1999)…and the court has no inherent authority to award visitation. (Citations omitted.) Id. at 271 (quoting Meeks v. Garner, 598 So. 2d 261, 262 (Fla. 1st DCA 1992)). Further, a similar situation was presented to the First District in Music v. Rachford, 654 So. 2d 1234 (Fla. 1st DCA 1995), wherein the parties were involved in a lesbian relationship, decided to have a child via artificial insemination, and when the relationship terminated the non-parent, claiming to be a “de-facto” parent, sought visitation and sha…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeks v. Garner, 598 So. 2d 261 (Fla. 1st DCA 1992)