Taylor v. Taylor
Allegations that a relative was solely responsible for a minor child for seven months and that, when separated, the minor child's academic performance deteriorated and the minor child exhibited behavioral issues, can be sufficient to allege that the relative should be allowed to visit the minor child. The plaintiff, James Taylor, filed a motion for visitation with his 10-year-old nephew. Taylor alleged that the minor child lived with him for nine years and that he arranged tutors and medical care for the minor child. Taylor claimed that he was solely responsible for the minor child during a seven-month period when the defendant allegedly was absent. Taylor also claimed that after he and the minor child were separated, the child's academic performance deteriorated and the minor child exhibited behavioral issues. The defendant moved to dismiss and claimed that the uncle failed to allege that a parent-like relationship existed and that the minor child would suffer real and substantial harm, in the absence of visitation. The defendant argued that the uncle failed to adequately allege abandonment, denial of proper care, or that the child is the subject of injurious living conditions. Any individual who alleges that they possess a parent-like relationship with a minor child and that denial of visitation would cause real and significant harm to the minor child can file a petition for visitation. The court found that the minor child's uncle adequately alleged that he possessed a parent-like relationship, because he was solely responsible for the minor child for seven months and he also was responsible for the minor child's tuition and medical care for several years. The uncle also alleged that the minor child's conduct indicated that the minor child was denied proper care and attention or that the minor child's emotional or mental needs were not met, because the minor child's academic performance deteriorated and the child's conduct was negative. The court denied the motion to dismiss.