CHATTERJEE V. KING 280 P.3d 283 (2012) CASE BRIEF

CHATTERJEE V. KING

280 P.3d 283 (2012)

NATURE OF THE CASE: Chatterjee (P), an unmarried woman, appealed a dismissal of her petition to establish parentage and determine child custody.

FACTS: P and Taya King (D) are two women in a committed, long-term domestic relationship. They agreed to bring a child into their relationship. With P's active participation, D adopted a child and P supported D and Child financially, lived in the family home, and co-parented Child for a number of years before their commitment to each other foundered and they dissolved their relationship.

P never adopted Child. After they ended their relationship, D moved to Colorado and sought to prevent P from having any contact with Child. P filed a petition in the district court to establish parentage and determine custody and timesharing. P alleged that she was a presumed natural parent under the former codification of the New Mexico Uniform Parentage Act. P claimed to be the equitable or de facto parent of Child, and as such, was entitled to relief. D filed a motion to dismiss. D argued that P was a third party who was seeking custody and visitation of Child and the law prohibits a third party from receiving custody rights absent a showing of unfitness of the natural or adoptive parent. The district court dismissed the Petition for failure to state a claim upon which relief could be granted. P appealed. The Court of Appeals affirmed in part, reversed in part, and remanded to the district court. It held that P did not have standing to seek joint custody absent a showing of D's unfitness and then held that presumptions establishing a father and child relationship cannot be applied to women, and a mother and child relationship can only be established through biology or adoption. It reversed the district court's dismissal concerning the opportunity for P to seek standing for visitation and remanded to the district court, instructing the district court to determine whether visitation with P would be in Child's best interests.

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LEGAL ANALYSIS:

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