Section 30.26 Alternative Theories Granting “Parental” Rights

• Library: Family Law Deskbook and 2014 Supp

C. (§30.26) Alternative Theories Granting “Parental” Rights

Although numerous states have adopted theories that facilitate the rights of same-sex partners or other parties standing in the place of a parent, who have no genetic relationship to a child, to sue for parental rights, it would appear that White v. White, 293 S.W.3d 1 (Mo. App. W.D. 2009), and Cotton v. Wise, 977 S.W.2d 263 (Mo. banc 1998), preclude the use of these alternative theories in Missouri. In Cotton, the Supreme Court held that the guardianship statutes adequately encompass situations in which a parental figure, not genetically related to the child, might appropriately be given parental responsibilities for a child. Cotton, 977 S.W.2d at 265. It is important to note that this case did not involve a dispute between two people who had been jointly or cooperatively raising the child; it was a dispute between the surviving natural father and the grown daughter of the deceased mother of the child. Missouri’s Probate Code provides that a guardianship can be obtained over the person of a minor if the parents or surviving parent of a minor is “unwilling, unable or adjudged unfit to assume the duties of...