Constitutional Law—Constitutional Rights of Parents Do Not Require Showing of Unfitness in Third Party Cases—Kulstad v. Maniaci, 220 P.3d 595 (Mont. 2009)

The United States Constitution and the Montana Constitution protect a natural parent’s fundamental right to parent his or her children.  Courts have, however, differed in defining the extent of that right and the protection it affords the natural parent in relation to a third party seeking to establish contact with a child.  In Kulstad v. Maniaci, the Montana Supreme Court considered whether the constitutional rights of a natural parent required a showing that the natural parent was unfit as a prerequisite to awarding a third party a parental interest.  In upholding the constitutionality of sections 40-4-211 and 40-4-228 of the Montana Code, the court held that the absence of a requirement that a court first determine the fitness of the parent before granting a parental interest to a third party does not violate a natural parent’s fundamental rights. . .