No. 22-6944

Paige C. Sullivan, nka Paige C. Auer v. Jacob James Culwell

Lower Court: Florida
Docketed: 2023-03-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-law constitutional-protection custody custody-dispute de-facto-parenthood due-process family-law fourteenth-amendment liberty-interest parental-rights standing
Key Terms:
DueProcess Privacy
Latest Conference: 2023-06-08 (distributed 2 times)
Question Presented (AI Summary)

Whether a natural parent has a fundamental liberty interest in the care, custody, and management of her child

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a natural parent has a fundamental liberty interest, guaranteed by the Fourteenth Amendment, in the care, custody, and management of her child, precluding the grant of custody to an individual who is not a parent of the child and has not adopted the child simply because the individual was “there when she was born” and thus “feels” that the child is his daughter. Whether constitutional rights of a parent to make decisions for the child a preclude a court from granting custody to a non-parent over the objection of the natural parent. , Whether, if the concept of de facto parenthood exists— a claim never raised by the Respondent-, the constitutional protections afforded to a biological parent would remain intact, and would require a finding of, among other things, consent to such a relationship by clear and convincing evidence and should result only in visitation and not transfer of custody.

Docket Entries

2023-06-12
Rehearing DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-06
Petition for Rehearing filed.
2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-14
Waiver of right of respondent Jacob James Culwell to respond filed.
2023-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2023)
2023-02-15
Application (22A744) granted by Justice Thomas extending the time to file until March 15, 2023.
2023-02-09
Application (22A744) to extend the time to file a petition for a writ of certiorari from February 13, 2023 to March 30, 2023, submitted to Justice Thomas.

Attorneys

Jacob James Culwell
Harley I. GutinGutin & Wolverton Attorney at Law, Respondent
Harley I. GutinGutin & Wolverton Attorney at Law, Respondent
Paige C. Sullivan
Paige C. Sullivan — Petitioner
Paige C. Sullivan — Petitioner