Holtzman v. Knott (In re Custody of H.S.H-K.)
In Holtzman v. Knott (In re Custody of H.S.H-K.), 193 Wis. 2d 649, 533 N.W.2d 419 (Wis. 1995), cert. denied, 516 U.S. 975 (1995), the Wisconsin Supreme Court established a four-part test to determine whether the petitioner was a de facto parent. Id. at 435-36.
Under that test, the petitioner must prove:
(1) that the biological or adoptive parent consented to, and fostered, the petitioner's formation and establishment of a parent-like relationship with the child;
(2) that the petitioner and the child lived together in the same household;
(3) that the petitioner assumed obligations of parenthood by taking significant responsibility for the child's care, education and development, including contributing towards the child's support, without expectation of financial compensation;
(4) that the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature. Id.