JOSEPH C. HERSEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013)
  …years of the child’s life. Importantly for constitutional purposes, T.M.H. also assumed full parental responsibilities until her contact with her child was suddenly cut off. In this way, this case is wholly unlike cases such as Lamaritata v. Lucas, 823 So. 2d 316, 319 (Fla. 2d DCA 2002), relied on by the dissent, where the parties seeking the assistance of reproductive technology “joined forces solely for the purpose of artificially inseminating Ms. Lamaritata” and specifically agreed that the individual pro…

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• Wakeman v. Dené B. Dixon, 921 So. 2d 669 (Fla. 1st DCA 2006)
  …their right to control in parenting decisions. Id. at 516 (citations and quotations omitted). For similar reasons, Florida courts also have held that agreements granting visitation rights to a non-parent are unenforceable. See Lamaritata v. Lucas, 823 So. 2d 316 (Fla. 2d DCA 2002); Taylor v. Kennedy, 649 So. 2d 270 (Fla. 5th DCA 1994). In Taylor, Robert Affourit, who lived with a woman and her child for several years, sought visitation with a child who was not his biological child and to whose mother he wa…
• T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011)
  …domestic partner’s claim of parental rights as a “de facto” or “psychological” parent as there is “no right to claim court-ordered visitation as a ‘psychological parent,’ and the court lacks the inherent authority to award it”); Lamaritata v. Lucas, 823 So. 2d 316, 319 (Fla. 2d DCA 2002) (noting several cases holding that nonparents are not entitled to visitation); Kazmierazak v. Query, 736 So. 2d 106 (Fla. 4th DCA 1999) (rejecting claim of visitation rights by “psychological parent,” and discussing in detail…

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