Glatte v. Hernandez
| Decision Date | 29 June 2022 |
| Docket Number | Docket No. 49372 |
| Parties | Kenneth GLATTE, Petitioner-Appellant, v. Kristina HERNANDEZ, Respondent. |
| Court | Idaho Supreme Court |
Susan Lynn Mimura and Associates, PLLC, for Appellant. Renee Karel, argued.
Sasser & Jacobson, PLLC, for Respondent. Michael B. Steele argued.
This expedited appeal arises out of the dismissal of a stepfather's petition for custody and support of a child filed three years after the stepfather and mother divorced. The stepfather based his petition on the underlying divorce and this Court's decision in Stockwell v. Stockwell , 116 Idaho 297, 775 P.2d 611 (1989). The magistrate court ultimately dismissed the stepfather's petition for failure to state a claim upon which relief could be granted. The court reasoned that the stepfather, who never adopted the child, had brought a common law custody claim under Stockwell , which was specifically prohibited in Doe v. Doe , 162 Idaho 254, 395 P.3d 1287 (2017). We agree with the magistrate court's decision and affirm the judgment of dismissal.
When Kenneth Glatte and Kristina Hernandez began dating in early 2014, Hernandez was four months pregnant with a child ("Child"). Glatte is not the biological father of Child. Glatte and Hernandez moved in together soon after they started dating, and Glatte was present at Child's birth in late 2014. The three lived together after Child's birth, and Glatte assumed the role of Child's father. Glatte and Hernandez eventually married in April 2017. Despite having the opportunity to do so, Glatte never adopted Child.
Roughly eleven months into the marriage, Hernandez petitioned for divorce. The record on appeal does not include Hernandez's petition; however, it is undisputed that her petition did not reference Child. Hernandez served Glatte with the petition and Glatte did not contest it. Thereafter, Hernandez sought and received a default judgment, with the decree of divorce entered in May 2018. The record on appeal does not include the decree; nevertheless, it was also undisputed that the decree made no reference to Child.
For the next three years, Child resided with Hernandez, and Hernandez allowed Glatte to spend a substantial amount of time with Child, particularly on weekends. However, around May 2021, Hernandez ended Glatte's visits with Child. Two months later, Glatte filed a verified petition to establish custody and support of Child. Glatte's petition sought to establish a custody right to Child based on Stockwell v. Stockwell , 116 Idaho 297, 775 P.2d 611 (1989), the parties’ underlying divorce, and his years-long relationship with Child. Hernandez soon filed a motion for summary judgment based on two arguments. First, Hernandez argued she was entitled to judgment as a matter of law because, based on Doe v. Doe, 162 Idaho 254, 395 P.3d 1287 (2017), Glatte's petition failed to state a custody claim upon which relief could be granted. Second, and in the alternative, Hernandez argued that if Glatte had stated a custody claim, there was no genuine dispute that Glatte "has not had custody of [Child] for an appreciable period of time as outlined in Stockwell ."
Two weeks after oral argument, the magistrate court issued its memorandum decision granting Hernandez's motion. The magistrate court agreed with Hernandez's first argument and dismissed Glatte's petition. The court reasoned that Glatte's petition failed to state a claim for custody upon which relief could be granted because it pleaded a common law Stockwell custody claim, which is explicitly prohibited by Doe . Because of this, the magistrate court never reached Hernandez's alternative argument that Glatte did not have custody of Child for an "appreciable period of time" under Stockwell . Glatte appeals the dismissal of his petition.
As a preliminary matter, the record below speaks in terms of granting Hernandez summary judgment, but in substance, the magistrate court granted Hernandez "judgment on the pleadings" when it dismissed Glatte's petition for failure to state a claim upon which relief could be granted. See Idaho Rules of Family Law Procedure ("I.R.F.L.P.") 206(b)(6), (c). Although Hernandez presented affidavits in support of her motion, the magistrate court did not reach evidence outside the pleadings to render judgment in favor of Hernandez.
This Court reviews the dismissal of a petition under Idaho Rule of Family Law Procedure 206(b)(6) for failure to state a claim upon which relief could be granted de novo. See Nelson v. Evans , 166 Idaho 815, 819, 464 P.3d 301, 305 (2020). To state a claim upon which relief could be granted, the petition must contain, among other things, "a short and plain statement of the claim showing that the pleader is entitled to relief[.]" I.R.F.L.P. 206(a)(2). The pleading must provide "some indication of the theory of recovery supporting the relief sought—a naked recitation of the facts alone is insufficient." Brown v. City of Pocatello , 148 Idaho 802, 808, 229 P.3d 1164, 1170 (2010) (emphasis original). Dismissal of a petition "for failure to state a claim should not be granted ‘unless it appears beyond doubt that the [petitioner] can prove no set of facts in support of his claim that would entitle him to relief.’ " Taylor v. Maile , 142 Idaho 253, 257, 127 P.3d 156, 160 (2005) (alteration added) (quoting Gardner v. Hollifield , 96 Idaho 609, 611, 533 P.2d 730, 732 (1975) ).
This appeal centers on whether a stepfather has the legal basis to seek custody of a child against the wishes of the child's biological parent based on a combination of this Court's decision in Stockwell v. Stockwell , 116 Idaho 297, 775 P.2d 611 (1989) and an underlying divorce action. In Doe , we held that Stockwell is not a "toe-hold for an independent custody action brought by a non-parent." 162 Idaho 254, 257, 395 P.3d 1287, 1290 (2017). A "non-parent" is an individual who is neither a legal nor biological parent of a child. Shepherd v. Shepherd , 161 Idaho 14, 19, 383 P.3d 693, 698 (2016) (citing Stockwell , 116 Idaho at 299, 775 P.2d at 613 ). In this case, Glatte is a non-parent seeking custody of Child.
For the reasons discussed below, we hold that Glatte pleaded an independent Stockwell cause of action contrary to the Court's holding in Doe . We further hold that Idaho Code section 32-717(1), governing the custody of children in a divorce, does not save Glatte's petition because Child is not a child of the marriage between Glatte and Hernandez.
The magistrate court held that Glatte's petition for custody failed to state a claim upon which relief could be granted. In its decision, the magistrate court analyzed this Court's decisions touching on Stockwell and ultimately relied on this Court's decision in Doe to conclude that Stockwell does not provide Glatte with a cause of action for custody. The magistrate court also determined that Glatte's petition did not "fall under any of the other legislatively approved methods of acquiring custody of a minor." Accordingly, the magistrate court granted judgment as a matter of law to Hernandez and dismissed Glatte's petition.
On appeal, Glatte argues that despite our holding in Doe , a stepfather can still petition for custody of his ex-spouse's child based on the stepfather doing so in Stockwell . Glatte maintains that such a cause of action for custody is viable even if, as in this case, the divorce did not reference the child.
In Stockwell , the Court articulated a framework for disputes where a non-parent seeks custody of a child against the wishes of the child's biological parent. 116 Idaho at 299, 775 P.2d at 613. Recently, in Doe , the Court unequivocally rejected any reading of Stockwell that would allow for an "independent custody action brought by a non-parent[,]" i.e., a common-law cause of action for custody of a child by a non-parent against a biological parent. 162 Idaho at 257, 395 P.3d at 1290.
Doe involved a biological mother who was in a committed relationship with her female partner for six years. Id. at 255, 395 P.3d at 1288. The biological mother and her partner never married because the biological mother did not wish to do so, but they agreed to start a family using an anonymous sperm donor. Id. The partner was present for the birth of the child, and the three lived as a family for the child's first two years of life until the partner and the biological mother separated. Id. The partner never adopted the child. Id. After separation, the partner assisted the biological mother in caring for the child. Id. at 255–56, 395 P.3d at 1288–89. Approximately two and a half years later, the biological mother prohibited the partner from contacting the child and the partner filed a petition seeking adoption, custody, or visitation. Id. at 256, 395 P.3d at 1289. The magistrate court granted the partner visitation rights based on the framework in Stockwell . Id.
On appeal, this Court reversed the magistrate court's decision and rejected the partner's theory that Stockwell created a common law cause of action for non-parents seeking custody of children from a biological parent:
This Court's decision in Stockwell is not a key to the courthouse for non-parents seeking custody of minor children. The Stockwell decision was made in the context of divorce and guardianship proceedings and cannot be used as a toe-hold for an independent custody action brought by a non-parent. This Court understands that family structures are changing, but it is not the role of this Court to create new legal relations. That is the business of the Idaho legislature.
The central holding of Doe is that a non-parent may only pursue custody of children against a parent through statutory "keys." Id. Some of these keys...
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