40-4-228. Parenting and visitation matters between natural parent and third party. (1) In cases when a nonparent seeks a parental interest in a child under 40-4-211 or visitation with a child, the provisions of this chapter apply unless a separate action is pending under Title 41, chapter 3.
     (2) A court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that:
     (a) the natural parent has engaged in conduct that is contrary to the child-parent relationship; and
     (b) the nonparent has established with the child a child-parent relationship, as defined in 40-4-211, and it is in the best interests of the child to continue that relationship.
     (3) For purposes of an award of visitation rights under this section, a court may order visitation based on the best interests of the child.
     (4) For purposes of this section, voluntarily permitting a child to remain continuously in the care of others for a significant period of time so that the others stand in loco parentis to the child is conduct that is contrary to the parent-child relationship.
     (5) It is not necessary for the court to find a natural parent unfit before awarding a parental interest to a third party under this section.

     History: En. Sec. 4, Ch. 414, L. 1999.