ADF attorney available to media following trial in Mont. parental rights case

ADF attorney to argue against ACLU attorney before Montana Supreme Court
Thursday, April 16, 2009

WHO:  ADF Senior Legal Counsel Austin R. Nimocks
WHAT:  Oral arguments in Maniaci v. Kulstad
WHEN:  Friday, April 17 at 9:30 a.m. MDT
WHERE:  University Theatre, University of Montana, 32 Campus Dr., Missoula

MISSOULA, Mont. — Alliance Defense Fund Senior Legal Counsel Austin R. Nimocks will argue before the Montana Supreme Court Friday on behalf of a mother who is asking the court to reverse a judge’s decision to grant parental rights to a legal stranger to the mother’s children.  The judge ruled that Dr. Barbara Maniaci’s former live-in girlfriend, who is represented by the American Civil Liberties Union, is entitled to parental rights simply because the two women lived together for a period of time and had a relationship with Maniaci’s children.  Oral arguments will take place at the University of Montana.

“The fundamental rights of parents to raise children the way they see fit should not be threatened by the wishes and desires of a legal stranger,” said Nimocks.  “Fit parents have the right and duty to raise their children, and both the United States and Montana supreme courts have repeatedly upheld that right.  Granting acquaintances and roommates parental rights over the objections of fit parents would be a very dangerous precedent.”

Maniaci, who is now married, solely adopted two children, whom she cared for and supported.  After she and her former girlfriend, Michelle Kulstad, ended their relationship, Kulstad, who has no legal or biological ties to either child, sought and obtained visitation and parental rights against the wishes of Maniaci, despite relevant Montana law.

The court allowed Kulstad to continue to partly control the lives of Maniaci’s children, over her objections, including their schooling and other activities.  Kulstad was even expressly authorized to identify herself as the children’s “parent” to any person or agency.

In 2008, following a final hearing, a judge issued a ruling that ignored important Montana law and awarded parental rights to Kulstad.  ADF attorneys appealed the decision.

• Fact sheet on the lawsuit

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.  Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family. 

www.telladf.org