dissenting:
{45 I respectfully dissent. The facts of this case mirror a typical divorce-two parents separated and are quarreling over child visitation and custody. In this case, however, the parents are both women, only one of whom is the biological parent of the child they mutually decided to bring into their relationship. Although this situation is becoming more and more common, it presents this court with a question of first impression: Does the nonbiological mother have standing to petition for visitation with the child despite the objections of the biological mother? I would hold that she does, provided that she and the child have, with the consent of the biological parent, created a de facto parent-child relationship.
I. THE LEGISLATURE HAS NOT ADDRESSED A SURROGATE PARENTS STANDING
146 I disagree with the majority's assertion that the "legislature has spoken in this area." Supra % 41. The majority specifically references Utah Code section 80-8-5 (Supp. 2006), which gives the trial court discretion to grant visitation to immediate family members, and section 80-5-2, which governs grandparent visitation. Supra 140. While these statutes address visitation rights, they do not speak to the cireumstances in this case. For obvious reasons, the grandparent visitation statute does not apply to Jones. The immediate family member provision is inapposite because it is included within the "Divoree" chapter of the "Husband and Wife" title of the Utah Code. Furthermore, its specific terms limit its applicability to divorces. For example, section 80-8-5(1) *820states that the section applies only "[when a decree of divorce is rendered." Utah Code Ann. § 80-8-5(1) (Supp.2006). Because Jones and Barlow could not legally marry, their separation cannot constitute a divorce, and thus the immediate family member visitation provision does not address the situation at hand. And although the majority does not mention the provisions regarding parent-time for divorced or divorcing parents, id. §§ 80-83-82 to -88 (Supp.2006), I likewise do not believe that the parent-time provisions govern the case before us.
147 The policy considerations underlying the visitation statutes would nevertheless be served by permitting Jones to visit the child. A child has a need and a right to maintain a relationship with both parents. For example, section 30-3-82(@)(b)(i), which governs visitation between divorced, divorcing, or adjudicated parents, states that "it is in the best interests of the child of divorcing ... parents to have frequent, meaningful, and continuing access to each parent following separation." Likewise, section 830-8-5(5)(a) recognizes that, in some cireumstances, visitation with "immediate family" members may serve a child's best interests.
148 Jones has been, literally and for all intents and purposes, a member of the child's immediate family since her birth, The term "immediate family member" is not defined in conjunction with section 80-8-5 or anywhere else in Title 80. However, the term is defined in other sections of the Utah Code. The Utah Code definition of "immediate family member" generally includes spouses, children, parents, and siblings, id. §§ 7-9-3(7) (2006), 76-8-316(4)(a) (2008), but it also may include grandparents, grandchildren, and nieces and nephews. See id. § 26-2-22(8)(a) (Supp.2006) (including grandparents and grandchildren in definition); id. § 34A-2-103(B)(a)@®) (Supp.2006) (including grandparents, grandchildren, nephews, and nieces in definition); id. § 86-11-102(5) (2005) (defining immediate family as a spouse or child residing in the household). The most expansive definition of immediate family member is found in Utah Code section 76-5-106.5, which addresses stalking. In that section, an immediate family member is defined as "a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months." Id. § 76-5-106.5(1)(b) (2003) (emphasis added). Under this definition, Jones would be an immediate family member because she regularly resided in the same household as the child within six months prior to the initiation of this suit.
149 I believe Jones satisfies any reasonable definition of immediate family member because she was, de facto, the child's parent. By caring for the child from her infancy and for the first two years of her life, Jones, with the acquiescence and encouragement of Barlow, acted as the child's "other parent." Although the reality and nature of this relationship has not been explicitly acknowledged by Utah's statutory law, Jones and Barlow did everything within their power to make Jones the legal equivalent of a parent. When Jones and Barlow solemnized their relationship with a Vermont civil union, the state of Vermont endowed Jones with the same rights granted to a spouse. See Vt. Stat. Ann. tit. 15, § 1204 (2002). Under Vermont law, the civil union makes Jones an immediate family member and grants her the same rights as a spouse with respect to a child born to Barlow during the civil union. Id. § 1204(f). Although the parties have not addressed the effect of their Vermont civil union on their rights, the undertaking of that status conclusively demonstrates that when the parties entered into it, they intended Jones to be a parent to any children born to them. Likewise, the guardianship petition, which was filed and granted under Utah law, strongly supports the conclusion that the parties regarded Jones as a full-fledged parent. Indeed, the guardianship petition stated that "[Jones] is the only other parent that [the child] knows or will know," and the supporting memorandum stated that "[sJince [the child's] birth, [Jones] has served as her other parent in all regards." Based on the parties' actions, it is clear that the parties did everything they could to make their relationship, with regard to themselves and the child, as much like the "traditional family"-two married parents and children-as possible. There were virtually no functional differ*821ences from a traditional union insofar as the care and treatment of their child was concerned. Nevertheless, the statutes do not address either Jones' or the child's rights in this situation.
T50 As the legislature recognized by enacting visitation statutes, children have the right to maintain relationships with their parents as well as with persons with whom they have formed deep, parent-like bonds. A child's rights and best interests do not change depending on whether his or her parental figures are recognized as parents under the law or whether they are simply parents in fact. Thus, in this case, the child's need for, and right to, a continuing relationship with both of her parents is not diminished by the fact that only one is a biological parent or that her parents were not legally married. Therefore, granting standing to Jones would further the legislative policy of protecting children who have formed such bonds, even though the statutes do not specifically apply.
II. BECAUSE THE LEGISLATURE HAS NOT SPOKEN ON THIS ISSUE, THIS COURT SHOULD LOOK TO THE COMMON LAW
[51 In the absence of a controlling statutory provision, I look to our common law. This court has recognized that a person who is not a child's natural or legal parent does not necessarily "stand as a total stranger to the child." State ex rel. J.W.F., 799 P.2d 710, 714 (Utah 1990). Traditionally, a third party's right to visitation has arisen under the doctrine of in loco parentis. For example, in Gribble v. Gribble, 583 P.2d 64 (Utah 1978), this court relied on the doctrine of in loco parentis to hold that a stepparent was a parent for purposes of the divoree statute and, accordingly, granted the stepparent standing to petition for visitation. Id. at 66-68.
{52 While we applied in loco parentis in the context of a statutory divorcee proceeding in Gribble, I reject the notion that in loco parentis applies only in conjunction with a statute. In loco parentis is a common law doctrine. That a common law doctrine may inform our statutory interpretation in some cases does not strip the common law of its ability to stand on its own in the absence of an applicable statute. Nothing in Gribble, or in any subsequent case, limits the doctrine of in loco parentis to divorce proceedings, and I believe it can apply notwithstanding the absence of a controlling statute in this case. In fact, as common law, it is arguably more pertinent in a case such as the one before us, where there is not a relevant statute, than in Gribble, where there was a statute applying to the dissolution of legal marriages.
- 153 Nevertheless, I concede that the doctrine of in loco parentis has its limitations. As the majority recognizes, in loco parentis is a temporary status that lasts only as long as the third party assumes the role of a parent in the child's life. See 59 Am.Jur.2d Parent and Child § 9 (2002); supra 115. It does not grant rights or impose duties-such as visitation or support-onee either the surrogate parent or the child has decided to end the relationship.
154 I likewise agree with the majority's assertion that the Gribble court erred in concluding that only the surrogate parent or the child can terminate the parental relationship. Supra 117. I disagree, however, with the majority's analysis as to why that conclusion was erroneous. (@ribble's conclusion that only the surrogate parent or child can terminate an in loco parentis relationship is not erroneous because the cases on which it relies or legal encyclopedias state only that an in loco parentis relationship "may" be terminated by either the surrogate parent or the natural parent. While legal commentary or case law from our sister states, even case law on which we have relied, may differ from our statement of the law, such variances do not abrogate our conclusions. We are not bound to interpret our common law in the same way as our sister states or other commentators. Thus, even though the cases cited in Gribble do not state that "only" the surrogate parent or the child can terminate the relationship, that does not necessarily mean that we reached a faulty conclusion.
T55 Rather, I believe Gribble's statement that only the surrogate parent or the child can terminate an in loco parentis relationship *822is erroneous because, as a matter of principle, it gives an unfair advantage to surrogate parents, essentially allowing them to use in loco parentis as both a shield and a sword. To use the majority's example, it allows surrogate parents to use in loco parentis as a way to shield themselves from support obligations by arguing they have terminated the relationship, while in other instances, it allows the surrogate parent to continue the in loco parentis relationship despite the objections of the biological parent. Supra 124. I agree with the majority that this is an absurd result and, on policy grounds, likewise reject the notion that a biological parent cannot sever an in loco parentis relationship. Thus, I agree that Jones' in loco parentis status terminated when Barlow and the child moved out.
$56 This conclusion does not, however, change my belief that Jones has standing under our common law. Perhaps due to the limitations of the doctrine of in loco parentis, this court's decisions to grant standing to third parties have not been limited to in loco parentis cases. For example, in J.W.F., we granted a petitioner standing to petition for custody of his estranged wife's child. 799 P.2d at 712. In that case, the petitioner had never acted as a parent toward the child because the child was born while the petitioner and his wife were separated, although they remained legally married. Id. In fact, the petitioner did not even know about the child until after his wife had abandoned the child and the state had filed a neglect and abandonment petition. Id. We granted the petitioner standing based on his stepparent status and his legal support obligations. Id. at 716. In so holding, we recognized that "[elertain people, because of their relationship to a child, are at least entitled to standing to seek a determination as to whether it would be in the best interests of the child for them to have custody." Id. at 714; see also Wilson v. Family Servs. Div., 554 P.2d 227, 230-31 (Utah 1976) (granting grandmother a hearing on her petition to adopt grandchild after the parents' rights were terminated).
157 In J.W.F., we recognized several factors that may justify granting standing to a third party, such as financial obligations or the person's status or relationship to a child. 799 P.2d at 715. We noted that the relationship of a close relative who has the child's best interests at heart "would seem to warrant a grant of standing." Id. However, we specifically declined to limit standing to a petitioner related to a child by marriage 1 or to divorce proceedings, noting that "it is con-céivable that persons who are not related by blood or marriage, although not presumptively entitled to standing, could show that they had a relationship with the child that would warrant a grant of standing." Id. at 715 n. 4.
1 58 I would therefore conclude that Jones has standing under our common law. My conclusion is not based on the doctrine of in loco parentis, nor is it based on any specific prior case issued by this court. Indeed, as the majority points out, there is no binding case law regarding an unmarried partner's standing rights. Supra TT1-2. Rather, I would recognize that Jones has standing because she is a de facto parent.
1 59 Like a person holding in loco parentis status, a de facto parent2 is a person "who, on a day-to-day basis, assumes the role of parent, seeking to fulfill both the child's physical and psychological needs." I.F. v. K.M. (State ex rel. C.M.), 2000 UT App 115, ¶3 (citing In re Hirenia C., 18 Cal.App.4th 504, 22 Cal.Rptr.2d 443, 448 (1993)); see also Miller v. Cal. Dep't of Soc. Servs., 355 F.3d 1172, 1176 (9th Cir.2004). There are, however, some differences between the in loco par-*823entis and de facto parenthood doctrines. There are certain evidentiary criteria, which I will discuss in Section III, that are not required in in loco parentis cases but that are required in de facto parent cases in order for a third party to show that he or she has, with the legal parent's intent, formed a parent-child relationship with the child. Further, while in loco parentis imposes only temporary rights and obligations on a surrogate parent, de facto parenthood is permanent. Functionally, a de facto parent is just like the child's legal parent. The only difference is that a de facto parent is not biologically related to the child and does not have an adjudicated parental status such as adoption. Because de facto parenthood is more akin to actual parenthood, de facto parents cannot unilaterally sever their obligations to the child. Nor can a legal parent independently sever a de facto parent's rights. Rather, once a child shares a de facto parent relationship with a third party, the child has a vested right to support from the de facto parent as well as to maintain a relationship with that parent, despite the objections of either the de facto or legal parent.3
T 60 I recognize that de facto parenthood has never been recognized by this court. The absence of a binding judicial pronouncement on an unmarried surrogate parent's right to standing does not mean that we must conclude that Jones does not have standing under the common law. In fact, in the arena of domestic relations, "judges have traditionally decided ... questions using common law methods," Ann Laquer Estin, Family Governance in the Age of Divorce, 1998 Utah L.Rev. 211, 238, and the "common law is not static, but is rather a dynamic and growing thing," 15A Am.Jur.2d Common Law § 2 (2000). Our ability to decide cases on common law grounds is therefore not limited to common law doctrines that have been explicitly developed in prior case law. See Housing Fin. & Dev. Corp. v. Ferguson, 91 Hawai'i 81, 979 P.2d 1107, 1115 (1999) (noting that the common law is not "limited to published judicial precedent"). Rather, the common law embodies "broad and comprehensive unwritten principles, inspired by natural reason and an innate sense of justice." 15A Am.Jur.2d Common Law § 1 (2000). It "is constantly expanding and developing in keeping with advancing civilization and the new conditions and progress of society." Id. § 2.
'I 61 The common law is able to adapt and grow because the common law system endows courts with "judicial inventiveness to meet new situations." Id. Indeed, by definition, the common law is "judge-made" law. M. Stuart Madden, The Vital Common Law: Its Role in a Statutory Age, 18 U. Ark. Little Rock L.J. 555, 558 (1996). As one judge has recognized, the common law encompasses "'any body of law created primarily through judges by their decisions rather than by the framers of statutes or constitutions.'" Id. (emphasis added) (quoting Richard A. Pos-ner, The Problems of Jurisprudence 247 (1990). Thus, the judicial role in a common law system is not solely to apply legislative enactments. Where the legislature has not acted, we frequently exercise the power to articulate rights and obligations that have not previously been recognized.4 The history of tort law, contract law, property law, domestic relations law, employment law, and even the criminal law reflects this law-development function of state courts. This case raises a question that has not heretofore been addressed by either the courts or the legislature in Utah. We have, however, ree-*824ognized that in some cases a third party ought to have standing in proceedings affecting the custody of children and that
[there is no reason to narrowly restrict participation in custodial proceedings. Indeed, our case law and the legislature's pronouncements indicate that the interests of the child are best served when those interested in the child are permitted to assert that interest. The question of who should have custody of the child is too important to exclude participants on narrowly drawn technical grounds.... Those who have legal or personal connections with the child should not be precluded from being heard on best interests.
J.W.F., 799 P.2d at 716 (emphasis added); see also Gribble, 583 P.2d at 68. I would therefore recognize de facto parent standing as a common law principle in order to serve the broader policy regarding a child's right to visitation with an individual with whom she has formed a true parental bond. To hold otherwise ignores the reality that children can and do form parent-child relationships with persons with whom they do not share a biological legal connection.5 For example,
Daily contact with, continuous reliance on, and the development of psychological attachments to unrelated persons will often stimulate a sense of "family" among biologically unrelated individuals. It is within this framework of expanding social definitions of the family that adults who are not the biological parents of the children they care for come to be seen as parents. The daily interactions that take place between children and their nonbiological caregivers and the corresponding psychological attachments that form between them effectively elevate their relationships to that of a parent and a child, rather than simply that of a child and a caregiver. As a result, children routinely form parent-child relationships with their stepparents, adoptive parents, foster parents, and even aunts, uncles, and grandparents who care for them on a daily basis.
Mellisa Holtzman, Definitions of the Family as an Impetus for Legal Change in Custody Decision Making: Suggestions from an Empirical Case Study, 31 Law & Soc. Inquiry 1, 9 (2006) (citation omitted). As the "nontraditional family" becomes more prevalent in our society, children will increasingly form parent-child relationships with third parties.
'I 62 While this case is, in part, about parental rights, it is also about whether children in nontraditional families, with nontraditional but nonetheless real parents, are entitled to have their interests addressed just as if they had been born into traditional families. The child in this case is the product of a same-sex relationship, but she just as easily could have come from a more traditional one. Her opportunity to have the courts determine whether visitation with one of her parents is important to her present and long-term best interests should not be foreclosed. Indeed, children of dissolving, nontraditional relationships are just "as likely to become ... victim{s] of turmoil and adult hostility as [are children] subject to the dissolution of a [traditional] marriage." Holtzman v. Knott (In re Custody of H.S.H-K.), 193 Wis.2d 649, 533 N.W.2d 419, 421 (1995), cert. denied, 516 U.S. 975, 116 S.Ct. 475, 133 L.Ed.2d 404 (1995). These children "need{[] and deserve[ ] the protection of the courts as much as [children] of [] dissolving traditional relationship[s]." Id. To deny the forum of the courts for the resolution of children's interests in nontraditional contexts would be to deny those children the protections afforded to all other children. This is contrary to "the public welfare and the true interests of justice." 15A Am.Jur2d Common Low § 2 (2000). Accordingly, I would hold that de facto parents have standing to petition for visitation.6
*825T 63 I am not the first to reach this conclusion; other courts have confronted the visitation rights of a de facto parent in the absence of an authorizing statute and have granted standing to de facto parents. For example, in 1995 the Wisconsin Supreme Court decided HS.H-K., where two women who had shared a committed relationship for ten years decided to have a child through artificial insemination. 533 N.W.2d at 421. As in this case, both women actively participated in doctor visits, childbirth classes, and the actual delivery. Id. When the child was born, the women gave the baby a surname that combined both of their last names. Id. at 421-22. Thereafter, the two women and the child lived together, both women actively parented the child, and they held themselves out as a family. Id. at 422. Several years later, the relationship between the two women dissolved, and the biological mother attempted to terminate the relationship between the child and her former partner. Id. The partner filed a petition for custody and visitation. Id.
1 64 The Wisconsin Supreme Court determined that the partner did not have standing under the state's relevant custody statute, which conditioned third-party standing on a showing of parental unfitness. Id. at 423-24 (discussing Wis. Stat. § 767.24 (1991-92)). The partner had not made such a showing. Id. at 424. In addition, the court determined that the state's visitation statute did not give the partner standing because it applied only when there had been a dissolution of a marriage. Id. at 424, 429-30. Because the parties were a same-sex couple, there was no marital dissolution and the statute did not apply. Id. The court determined that the legislature had not occupied the field and relied on its equitable powers to hold that a court may hear a petition for visitation when it determines the petitioner has a "parent-like" relationship with the child and a significant triggering event, such as the severance of the relationship between a child and a parental figure, justifies state intervention. Id. at 424-25, 435.
T65 More recently, the Washington Supreme Court decided Carvin v. Britain (In re Parentage of L.B.), 155 Wash.2d 679, 122 P.3d 161 (2005), cert. denied, - U.S. -, 126 S.Ct. 2021, 164 L.Ed.2d 806 (2006). Like HSH-K., LB. involved two women in an intimate relationship who decided to have a baby by artificial insemination. Id. at 164. When the child was born, the women and the child lived together as a family unit with both women sharing parenting responsibilities. Id. The child called her biological mother "mama" and the mother's partner "mommy." Id. When the child was six, the parties separated, and shortly thereafter, the biological mother unilaterally terminated the relationship between the child and her former partner. Id. The court looked to Washington's statutes and found that they were "conspicuously silent" regarding the rights of children in nontraditional families. Id. at 169. However, the court found that the statutes displayed an intent to protect the welfare of children and did not provide any evidence that the legislature intended to preempt the court's common law jurisprudence over circumstances not yet contemplated by the legislature. Id. at 172-73, 176-77. Thus the court held that a de facto parent would have standing and remanded to the district court for a determination of whether the partner qualified as a de facto parent.7 Id. at 179.
*82666 Like these jurisdictions, I would recognize common law standing for de facto parents. I therefore turn to a discussion of what a third party must prove in order to obtain de facto parent status.
III THE DE FACTO PARENT TEST AND ITS APPLICATION TO JONES
€67 The determination that a de facto parent has standing to petition for visitation does not end the analysis, which must include consideration of what a petitioner must demonstrate to establish that he or she is a de facto parent. In Holtzman v. Knott (In re Custody of H.S.H-K.), 193 Wis.2d 649, 533 N.W.2d 419 (1995), cert. denied, 516 U.S. 975, 116 S.Ct. 475, 133 L.Ed.2d 404 (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; (8) 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; and (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.; see also V.C. v. M.J.B., 163 N.J. 200, 748 A.2d 539, 551-52 (2000), cert. denied, 531 U.S. 926, 121 S.Ct. 302, 148 L.Ed.2d 243 (2000) (adopting the H.S.H-K. four-part test to determine de facto parent standing); Carvin v. Britain (In re Parentage of L.B.), 155 Wash.2d 679, 122 P.3d 161, 177 (2005), cert. denied, - U.S. -, 126 S.Ct. 2021, 164 L.Ed.2d 806 (2006) (same).
T68 Although I find the Wisconsin test very helpful, I would revise it slightly. The elements requiring that the petitioner live with the child, assume parental obligations, and assume the role of a parent for a sufficient length of time all relate to the ultimate question of whether a parent-child relationship actually existed between the petitioner and the child. Thus, I would simplify the test by combining the second, third, and fourth parts of the Wisconsin test into one element requiring the petitioner to establish the existence of an actual parent-child relationship between the petitioner and the child. I would therefore require that a third party claiming de facto parent status establish by clear and convincing evidence that (1) the legal parent intended to create a permanent parent-child relationship between the third party and the child, and (2) an actual parent-child relationship was formed. To establish the second element, a third party must, at a minimum, present evidence demonstrating that the third party lived with and cared for the child and that, as a result, a parent-child bond developed between the third party and the child.
169 The facts in this case easily satisfy this test, although I recognize that other cases may not be so clear. I therefore emphasize that de facto parent status is "limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life," C.E.W. v. D.E.W., 845 A.2d 1146, 1152 (Me.2004), and that undertaking must generally be with the full consent, encouragement, and cooperation of a fit custodial parent. I would therefore require that a petitioner claiming de facto parent status prove the two elements of our test by clear and convincing evidence. This burden of proof sets a high threshold, not easily cleared or automatically met by every person who lives with or cares for a child.
*827T70 The majority suggests that the "fact-intensive inquir[y]" necessary to determine de facto parent status falls outside the bounds of the traditional role of standing as a gate-keeping tool in litigation. Supra 131. This court, however, has recognized that "some cases require more extensive fact-finding in order to assess whether the plaintiff's interest in the dispute is sufficient to give rise to" standing. Sierra Club v. Sevier Power Co., 2006 UT 74, ¶28 & n. 3, 148 P.3d 960 (noting that the determination of whether plaintiff's interests are sufficient or too attenuated "must be made on a case-by-case basis, taking into account all relevant facts and the policies underlying our standing requirement"); see also Washington County Water Conservancy v. Morgan, 2003 UT 58, 82 P.3d 1125 (requiring extensive fact-finding, including a trial and expert testimony, to determine if plaintiff had standing). While we noted in Sterre Club that instances of intensive factual development at the standing phase are rare, they do exist, 2006 UT 74, ¶28 n. 3, 148 P.3d 960, and de facto parenthood cases may present one such situation. While the inquiry into whether de facto parent status exists may require a fact intensive inquiry at the standing phase, it in no way supplants the ultimate issue in a visitation dispute-the best interests of the child. Thus, a determination of de facto parenthood would not replace a trial on the merits. While the determination of de facto parenthood may burden the legal parent with litigation, in instances where the inquiry will be factually intensive, a legal parent has already allowed a significant relationship to develop between his or her child- and a third party, and thus, the legal parent's rights must yield in favor of the best interests of the child. The issue of de facto parent status simply presents an example of the rare situation when the determination of standing may involve complex factual inquiries that a court must consider before it examines the merits of the case. I now proceed to discuss each part of the de facto parent test and its application to Jones.
“A. Intent of the Legal Parent
T71 A party claiming de facto parent status must first show that the legal parent intended the third party and the child to form a permanent parent-child relationship. For this step to be satisfied, the court must find that the legal parent's "own actions led to the creation of [a] parental bond" between the third party and the child, J.C. v. C.T., 184 Misc.2d 935, 711 N.Y.S.2d 295, 299 (Fam.Ct.2000), and that at the time the bond formed, the legal parent intended it to be permanent, as opposed to temporary, however long.8 In other words, the legal parent must have consented to and fostered the petitioner's formation and establishment of a parental relationship with the child.9 See V.C., 163 N.J. 200, 748 A.2d 539, 552 (2000), cert. demied, 531 U.S. 926, 121 S.Ct. 302, 148 LEd.2d 243 *828(2000). A third party can prove this by showing that the legal parent "ceded over to the third party a measure of parental authority and autonomy and granted to that third party rights and duties vis-a-vis the child that the third party's status would not otherwise warrant." Id.
T 72 The focus of this part of the test is on the legal parent's intent at the formation and during the pendency of the parent-child relationship, not at the termination of the relationship between the legal parent and a third party. Id.; see also T.B. v. L.R.M., 567 Pa. 222, 786 A.2d 913, 919 (2001) (noting that what is relevant to an in loco parentis determination is the method by which a third party gained authority to assume parental status, and holding that where the biological parent encouraged the partner to assume the status of parent and acquiesced as the partner carried out day-to-day care of the child, she could not erase the relationship created with the child after the parties separated). Onee the legal parent intentionally creates a de facto parent for his or her child, the legal parent cannot later change his or her mind and unilaterally sever or alter the nature of that relationship. However, this does not mandate that a legal parent form this intent at the conception or birth of the child. The de facto parent's participation in the actual decision to have a child and the process of conception, while highly probative of intent where present, is not required. See V.C., 748 A.2d at 552-53 (recognizing that the situation in which the partner does not participate in the decision to conceive "parallel[s] the situation in which a woman, already pregnant or a mother, becomes involved with or marries a man who is not the biological or adoptive father of the child, but thereafter fully functions in every respect as a father"). A parent can intend to create a de facto parent-child relationship with a third party anytime during the child's life.
173 The intent requirement is critical because it ensures that the legal parent "has the absolute ability to maintain a zone of autonomous privacy for herself and her child." Id. at 552. If the legal parent wishes to maintain that zone of privacy, he or she need only choose not to delegate parental authority or encourage the formation of a permanent, parent-like relationship between his or her child and another party, and avoid any overt acts in furtherance of such a relationship. Moreover, the intent requirement limits the people who can qualify as de facto parents. For example, under this standard, a nanny or other caretaker will not qualify as a de facto parent because a parent does not intend these relationships to be parental or permanent. Additionally, this part of the test prevents roommates, live-in boyfriends or girlfriends, or significant others from automatically qualifying as de facto parents. While a party that lives with a legal parent and his or her children will likely participate in parental responsibilities to some degree, that participation, by itself, is not enough. A claimant in this position would have to show by clear and convincing evidence that the legal parent intended to create a parent-child relationship and intentionally ceded over a sufficiently significant amount of parental responsibility to create a permanent parental relationship between the claimant and the child. I believe the intent requirement gives due consideration to a parent's right to maintain an autonomous zone of privacy. Howeyver, if the legal parent wishes to keep intact this zone of privacy, he or she cannot give a third party "parental authority the exercise of which may create a profound bond with the child." Id.
T 74 A party claiming de facto parent status must do more than merely allege intent; the party must also point to specific behavior of the legal parent that clearly manifests that intent. This is a case-specific requirement that can be satisfied by a variety of behavioral evidence. There is not, therefore, any specific factor that is required or that will, on its own, be conclusive. Rather, a court must carefully examine all of the evidence to determine whether proof of the requisite intent is clear and convincing.
T 75 In the case before us, Barlow's behavior amply demonstrates that, even before the child's birth, Barlow intended Jones to be an equal, permanent parent. Shortly after becoming engaged, Barlow and Jones mutually decided to have children together and formulated a plan whereby Barlow would bear the *829first child and Jones would bear the second. Pursuant to this plan, Barlow allowed Jones to participate in the selection of a sperm donor, and together the parties selected a donor that shared both of their traits. Jones attended all prenatal matters relating to the artificial insemination and, following conception, participated in prenatal care with Barlow and the physician. During the pregnancy, Jones and Barlow entered into a civil union which, at least in Vermont, conferred rights on each of them respecting children born during the union. Barlow allowed Jones to be present at the delivery and participate to the extent possible. After the child was born, Barlow and Jones chose a name that would reflect both of their surnames and listed that name on the birth certificate.
176 Barlow continued to openly exhibit her intent that Jones function in a parental role after the child's birth. Barlow, Jones, and the child lived together and held themselves out as the "Jones-Barlow" family. Barlow and Jones both held themselves out as the child's parents. The child and Barlow both called Jones "Mommy," while Barlow was called "Momma." Jones provided financial support for the child, attended pediatric appointments with her, and participated in her daily care through such activities as dressing her, feeding her, and taking her to child care. Jones would not have been able to participate in these activities, at least to the extent she did, without Barlow's consent.
T77 Perhaps the most convincing fact is that Barlow designated Jones as the child's legal co-guardian. In fact, the "Verified Petition for Appointment of Co-Guardians for a Minor" stated that "[Jones] is the only other parent that [the child] knows or will know" and the Supporting Memorandum stated that "Islinee [the child's] birth, [Jones] has served as her other parent in all regards." Jones and Barlow took further steps to ensure that Jones could protect the child as she would if she were a legal parent, including preparing estate planning documents and naming each other as beneficiaries on life insurance policies to ensure that the child would be cared for in an emergency.
78 I do not mean to suggest that designating another party as a co-guardian, standing alone, is determinative. To the contrary, I do not believe that a co-guardianship, on its own, would be enough to satisfy this part of the test given that co-guardianships are established for a number of reasons, many of which do not involve the intent to create a permanent parent-child relationship. However, combined with Jones' participation in bringing the child into the world and her daily support thereafter, I find the language and content of the co-guardianship petition in this case particularly persuasive.
T79 Other jurisdictions have relied on actions similar to Barlow's in determining whether a third party is a de facto parent. For example, in V.C., the mother and her partner jointly decided to have children, chose a sperm donor, and participated in prenatal care together. 748 A.2d at 542-438. The children called the partner "Meema," and the biological mother referred to her partner as the mother of her children. Id. at 543. The parties and the children lived together as a family, and the partner assumed many day-to-day obligations of parenthood and provided financial support. Id. The New Jersey Supreme Court held that the record supported the conclusion that the mother had "fostered and cultivated, in every way, the development of a parent-child bond between [her partner] and [her children]." Id. at 555.
{80 Likewise,. in E.N.O. v. L.M.M., the court held that the mother's partner was a de facto parent. 429 Mass. 824, 711 N.E.2d 886, 892-93 (1999), cert. denied, 528 U.S. 1005, 120 S.Ct. 500, 145 L.Ed.2d 386 (1999). There, the parties jointly decided to have a child, the partner cared for the mother during pregnancy, the child was given both parties surnames, the parties sent out birth announcements listing them both as parents, and the partner assumed most of the financial responsibility for the family and assisted in caring for the child. Id. at 888-89; see also Carvin v. Britain (In re Parentage of L.B.), 155 Wash.2d 679, 122 P.3d 161, 163-65 (2005), cert. denied, - U.S. -, 126 S.Ct. 2021, 164 L.Ed.2d 806 (2006) (looking to factors such as the parties' mutual decision to *830have a child and selection of a sperm donor, the partner's participation in prenatal care and delivery, the parties' choice to give the child a name that reflected both surnames, the parties' decision to live together as a family unit and hold themselves out as a family, the fact that the child called her mother "Mommy" and the partner "Momma," and the parties' decision to share parenting responsibilities); T.B., 786 A.2d at 914-15 (holding that the partner was a de facto parent where the parties jointly decided to have a child and thereafter lived together, the mother named her partner as a guardian over the child in her will, they engaged in financial planning to provide for the child, and the partner participated in day-to-day child rearing responsibilities, such as taking the child to child care); H.S.H-K., 533 N.W.2d at 421-22 (holding that the partner was a de facto parent where the parties jointly decided to have a child, the partner was present during prenatal appointments and delivery, the parties gave the child a name that reflected both surnames, the partner provided primary financial support, and both women shared child care responsibilities}.
T 81 Like the above courts, I find a significant amount of evidence manifesting Barlow's intent to give parental rights to Jones. Barlow's actions clearly and convincingly establish that, up until she and Jones separated, she intended Jones to be her child's other parent. I therefore would hold that in this case the intent requirement has been satisfied.
B. Creation of an Actual Parent-Child Relationship
1 82 I now turn to the second part of the de facto parent test. To satisfy this part, the petitioner must prove that he or she and the child formed an actual parent-child relationship. Cf. Youmans v. Ramos, 429 Mass. 774, 711 N.E.2d 165 (1999) (holding that an aunt was a de facto parent where she and the child had developed a substantial mother-daughter relationship). A petitioner satisfies this requirement by establishing that (1) the petitioner lived with and cared for the child on a daily basis, and as a result (2) the petitioner and the child formed a parent-child bond.
1. Living With and Caring for the Child
1 83 In order for a third party and a child to develop an actual parent-child relationship, the third party must have lived with and cared for the child on a daily basis. See V.C., 748 A.2d at 551 (requiring that a petitioner lived in the same household as the child and assumed obligations of parenthood); H.S.H-K., 533 N.W.2d at 421 (same). There is no minimum period of time during which a third party must have lived with and cared for the child. It is, however, appropriate for a court to consider the amount of time during which the third party has functioned as a parent when determining whether an actual parent-child relationship has been created. See V.C., 748 A.2d at 553. In other words, the petitioner must have functioned in a parental role for a long enough period of time to allow a bonded parent-child relationship to develop. Id. "How much time is necessary will turn on the facts of each case," including the child's age,10 developmental stage, and the nature of the relationship. Id.
184 The care the third party provides to the child during this time must be equivalent to the care a biological or legal parent would provide. This does not require that the third party have the exact same relationship with the child or assume the same responsibilities toward the child as the legal parent. Rather, it demands that the third party assume the normal "obligations of parenthood" and do so without the expectation of financial compensation. Id. at 551. These obligations include "taking significant responsibility for the child's care, education and development," *831H.S.H-K., 533 N.W.2d at 436, and may or may not include financial contributions to the child and the household. V.C, 748 A.2d at 553. As with the other parts of the de facto parent test, this inquiry is fact sensitive and will vary with each individual case.
T85 Turning to the facts of this case, I believe that Jones has clearly and convine-ingly shown that she lived with and cared for the child on a daily basis. Jones lived with Barlow and the child from the child's birth until the child was two years old. During that time, Jones participated in the child's daily care as if she were a parent. She took her to doctor appointments, dropped her off at child care, and attended to the child's daily personal needs, such as eating and bathing. Jones also provided the child with financial security, not only by providing for the child in her will and securing a life insurance policy, but also by contributing to the household expenses.
186 As is the case in most two-parent households, Jones' parental obligations and responsibilities were not the same as Barlow's. For example, when the child was an infant, Barlow, as the nursing mother, nearly always fed the child. . Likewise, during the first fifteen months of the child's life, Barlow stayed at home while Jones worked. As the child grew, the parties' roles evolved accordingly, with Barlow returning to work and Jones assuming more care-giving responsibilities. These differences, however, do not mean that Jones was not fulfilling a parental role. Indeed, this division of roles is nearly identical to that frequently found between married men and women with children. Like the district court, I am convineed that Jones "assumed the obligations of parenthood by taking sufficient and significant responsibility for the child's care, upbringing, future education and well-being ... without expectation of financial compensation."
{87 I recognize that Jones' role had changed by the time she filed her petition for visitation. Barlow and the child had moved out, and therefore Jones was no longer living with the child and caring for her on a daily basis. This is not problematic, however. Unlike the doctrine of in loco parentis, a de facto parent need not still be living in the same household as the child at the time the petition is filed; in fact, it is highly unlikely that he or she will be. The third party need only petition the court for visitation within a reasonable time after the legal parent interferes with the third party's relationship with the child. As a practical matter, this interference often will not occur until the third party and the child no longer live together and the legal parent denies visitation.11 In this case, Jones filed her petition within a reasonable time of Barlow's interference. The parties separated on November 7, 2003, Barlow denied Jones visitation with the child later that same month, and Jones filed her complaint on December 19, 2008. Thus, Jones satisfies our requirement that she lived with and cared for the child on a day-to-day basis.
2. Actual Parent-Child Bonding
[88 In addition to the requirement that a petitioner live with and care for the child, to prove the existence of an actual parent-child relationship, the petitioner must show that the petitioner and the child share "a relationship with deep emotional bonds such that the child recognizes the person, independent of the legal form of the relationship, as a parent from whom they receive daily guidance and nurturance." In re E.L.M.C., 100 P.3d 546, 559 (Colo.Ct.App.2004), cert. denied, 2004 WL 2377164, 2004 Colo. LEXIS 851, cert. *832denied, 545 U.S. 1111, 125 S.Ct. 2551, 162 LEd.2d 287 (2005). A child can form this type of relationship regardless of whether the potential de facto parent is biologically related to the child. See, eg., J. Hammond Muench & Martin R. Levy, Psychological Parentage: A Natural Right, 13 Fam. L.Q. 129, 152 (1979) ("[TThe child's development depends upon the continuity and character of [the] relationship with the adult he perceives as his parent, and ... this perception rather than the fact of biological parenthood is the basis of their relationship." (citation omitted)); Smith v. Org. of Foster Families for Equality and Reform, 431 U.S. 816, 843, 97 S.Ct. 2094, 53 L.Ed.2d 14 (1977) ("[BJiological relationships are not [the] exclusive determination of the existence of a family."). Rather, bonded parent-child relationships form when children "receive sensitive and responsive care from familiar adults," who may or may not be biologically related, in the course of everyday care-such as being fed, held, spoken to, played with, soothed, and stimulated. Joan B. Kelley & Michael E. Lamb, Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children, 38 Fam. & Conciliation Cts. Rev. 297, 298 (2000); see also Smith, 431 U.S. at 844, 97 S.Ct. 2094 ("[The importance of the familial relationship, to the individuals involved and to the society, stems from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in 'promot[ing] a way of life' through the instruction of children." (citation omitted) (alteration in original)). In addition, parent-child bonds develop and grow stronger when the child spends time in the third party's general proximity. Kelley & Lamb, supra ¶88, at 298.
89 There is ample evidence of an actual parent-child bond in this case. As noted previously, Jones lived with and cared for the child for the first two years of the child's life. Jones testified that she felt bonded to the child during this time, particularly in the mornings when she and the child were alone. Moreover, as is evident by this lawsuit, Jones seriously wishes to maintain this relationship. I find it persuasive that family and friends testified that the relationship between Jones and the child mirrored a traditional parent-child relationship. The district judge found the testimony of these witnesses particularly persuasive because they witnessed this relationship "in the home at times that were not merely social occasions, but rather in evenings and early mornings." The child's pediatrician echoed these witnesses, testifying that "[in the office, both [Jones and Barlow] seemed to take a very active role in [the child's] well-being and be very genuinely interested in how she was doing." Like the district judge, I find this testimony "extremely important."
T90 It is undisputed that Barlow also shared a close mother-daughter relationship with the child. Like the district judge, I believe that Barlow may have had a closer relationship with the child given that she was the biological and nursing mother. I do not believe, however, that Barlow's closer relationship with the child prohibits the child and Jones from also developing an actual parent-child relationship. That the third party is not the child's primary caregiver does not imply that the third party and the child do not share a real parent-child bond. Research has shown that children generally form attachments to both parents at the same age, usually around six to seven months. Kelly & Lamb, supra ¶88, at 300. This is true even where one parent spends more time with the child than the other, as is the case in the "traditional home." Id. Evidence that Barlow was the child's primary caregiver does not defeat a claim of an actual parent-child bond between Jones and the child. Thus, Jones meets the requirement that she formed an actual parental bond with the child.
IV. THE DE FACTO PARENT DOCTRINE IS CONSTITUTIONAL
[91 Finally, my belief that Jones is a de facto parent and thus entitled to standing is constitutional. The Constitution of the United States, specifically the Due Process Clause of the Fourteenth Amendment, protects "the fundamental right of parents to make decisions concerning the care, custody, and control of their children." Troxel v. Granville, 530 U.S. 57, 66, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (plurality opinion). To *833protect this fundamental right, parents are entitled to a presumption that a fit parent acts in the best interests of his or her child. See id. at 68, 120 S.Ct. 2054 (" 'The law's concept of the family rests on a presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life's difficult decisions. More important, historically it has recognized that natural bonds of affection lead parents to act in the best interests of their children'" (quoting Parham v. J.R., 442 U.S. 584, 602, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979))). This presumption cannot be rebutted "simply because a state judge believes a 'better' decision could have been made." Troxel, 530 U.S. at 73, 120 S.Ct. 2054.
192 Troxel is the preeminent case addressing a parent's fundamental rights in the context of third-party visitation. Troxel addressed the application of a Washington statute that allowed "'any person'" to petition for visitation rights " 'at any time'" and gave a court the authority to grant visitation if it "'serve[d) the best interest of the child"" Id. at 67, 120 S.Ct. 2054 (quoting Wash. Rev.Code § 26.10.160(8) (1994)). The plurality held that, as applied, the statute violated "the fundamental right of parents to make decisions concerning the care, custody, and control of their children." Id. at 66-67, 120 S.Ct. 2054. According to the plurality, the statute exceeded the bounds of due process because its breadth allowed any third party to bring a visitation petition, and it did not afford a parent's decision any deference despite the parental presumption. Id. at 67-68, 120 S.Ct. 2054. Rather, the visitation statute allowed a court to overturn any parent's decision regarding visitation based solely on its determination of the child's best interest, id. at 67, 120 S.Ct. 2054, which was precisely what the district judge in the case had done, id. at 68-70, 120 S.Ct. 2054.
T 93 However, the de facto parent doctrine does not violate a parent's due process rights under Trozel. The de facto parent doctrine is not nearly as broad as the statute at issue in Troxel It does not grant "any" third party standing, but only those persons who have satisfied the stringent requirements of de facto parenthood. Moreover, a finding of de facto parent status does not amount to a judge's determination that a better decision could have been made with regard to visitation, but rather, to a finding that the parental presumption does not apply when a legal parent creates and fosters a parent-child relationship between his or her child and a third party.12 Also, when a judge makes a determination that a party is a de facto parent, the judge is only determining that the party has standing and is thus entitled to a hearing on the best interests of the child. Thus, the judge's decision that a party is a de facto parent is not a determination of what visitation arrangement is best. See T.B. v. L.R.M., 567 Pa. 222, 786 A.2d 913, 919-20 (2001) ("A determination of standing simply implies that the party has a substantial interest in the subject matter of the litigation and ... does not speak to [a third party's] chanee of success on the merits.").
[ 94 Moreover, nothing in Troxel suggests that the Fourteenth Amendment prohibits third-party visitation in all contexts or always requires a rebuttal of the parental presumption. In fact, the Troxel plurality specifically limited its holding to the "sweeping breadth" of the Washington statute, noting that it had not considered whether the Due Process Clause always requires a showing of harm as a prerequisite to third-party visitation. 530 U.S. at 73, 120 S.Ct. 2054. The Court also stated that it was not defining "the precise seope of the parental due process right in the visitation context." 13 Id.
*83495 Therefore, I do not believe that the Due Process Clause is violated under Troxel when a judge grants a de facto parent standing in a visitation matter. I recognize that a parent has a right to make decisions regarding the upbringing of his or her child. However, a parent exercises this right when he or she invites a third party to form a parental relationship with his or her child and thereafter actively fosters the relationship. By incorporating the legal parent's intent into our de facto parent test, I am giving deference to the legal parent's decisions. However, once a legal parent exercises this right and creates a de facto parent relationship between the child and another, the legal parent has a reduced expectation of privacy and autonomy. A parent who encourages the formation of such a relationship cannot later unilaterally sever the connection or complain that a court has violated his or her rights by protecting the relationship. As the New Jersey Supreme Court explained in V.C. v. M.J.B.:
[A] parent has the absolute ability to maintain a zone of autonomous privacy for herself and her child. However, if she wishes to maintain that zone of privacy she cannot invite a third party to function as a parent to her child and cannot cede over to that third party parental authority the exercise of which may create a profound bond with the child.
163 N.J. 200, 748 A.2d 539, 552 (2000), cert. denied, 531 U.S. 926, 121 S.Ct. 302, 148 L.Ed.2d 243 (2000).
1 96 This approach is consistent with post-Trozel decisions that have granted third parties standing where the third party has a substantial relationship with the child.14 For instance, this court determined that Utah's grandparent visitation statute was constitutional and upheld a grant of visitation, against the father's objection, where the maternal grandparents had lived with the child and interacted with her on a daily basis prior to the death of the child's mother. Uzelac v. Thurgood (In re Estate of S.T.T.), 2006 UT 46, ¶¶ 1-4, 144 P.3d 1083. As recognized in ST.T., when a family is divided by events such as divorce, "a situation may arise where the child's interests differ from those of the parent." Id. ¶30. The de facto parent test would "provide[ ] guidance to courts in determining whether the petitioning [third party] hals] established cireumstances under which the courts can, nevertheless, supersede the parent's decision," just as courts may do when the third party seeking visitation is a grandparent. Id. ¶35. As this court has previously recognized, situations exist in which visitation with a third party may be in the best interests of a child despite the legal parent's objections, and like Utah's grandparent visitation statute, the de facto parent test would, I believe, survive constitutional scrutiny.
*835T97 In conclusion, the recognition of de facto parenthood would not infringe upon the general right of parents to raise their children in the manner they deem appropriate. Rather, de facto parenthood addresses only the specific cireumstances that arise when a parent consents to and fosters a de facto parent relationship between the parent's child and another party. It merely recognizes that when a parent encourages another to form a de facto parent relationship with a child, the parent and the third party are not the only parties affected by the decision. There is another interested party: the child. In these situations, in order to properly address the best interests of the child, it is appropriate to grant the de facto parent standing.
T 98 I therefore conclude that under Utah common law, de facto parents should have standing to seek visitation, despite the objections of a biological or legal parent. De facto parenthood recognizes that when a natural parent fosters such a relationship, the child is also affected and ought to be protected from loging a relationship with someone who is, as far as the child is concerned, a parent.
. The parties have not raised or argued the effect of their lawful civil union in Vermont, but its existence does enhance the analogy of Jones' status to that of a stepparent in that these parenis took the only step available to them to legalize their relationship.
. Some courts have used the term psychological parent to refer to a third party who has, with the consent of the legal parent, assumed a parent-like relationship with a child. See, eg., V.C. v. M.J.B., 163 N.J. 200, 748 A.2d 539, 555 (2000) (holding that "[t}hird parties who live in familial circumstances with a child and his or her legal parent may achieve, with the consent of the legal parent, a psychological parent status vis-a-vis a child" (emphasis added)). While cases using the term psychological parent are very similar to this case, I consider the term de facto parent more descriptive functionally.
. De facto parenthood is a two-way street. While de facto parent status entitles a third party to standing for visitation, it also requires a de facto parent to provide financial support for the child. See Chambers v. Chambers, 2005 WL 645220, *7 2005 Del.Fam. Ct. LEXIS 1, *22 (holding that a de facto parent could be equitably estopped from denying she owed a support obligation to her former partner's child). This is entirely consistent with the purpose of de facto parenthood: to provide children with the parental support and protection to which they are entitled. In fact, the district court in this case ordered Jones to pay child support, a result that will presumably be impossible under the majority's analysis.
. It is important that this court not abdicate its responsibility to address new and difficult legal questions that come before it. By examining new issues in relation to our common law principles, this court engages in a dialogue with the legislature, whose members can benefit from our careful consideration and analysis of the law in relation to the changing world in which we live.
. As I discuss later in this opinion, the fact that such relationships are formed with the full consent and participation of a biological or legal parent is important. A relationship undertaken without such consent and participation should not have de facto parent status because of the risk that it will undermine the cohesiveness and parental control presumed to exist in intact families.
. The majority repeatedly states that parents are the only persons with rights to custody of a child. Supra 139 & n. 9. In the case before us, however, we are dealing with the issue of visitation-distinct from custody. In the context of visita*825tion, the rights of third parties do not "mature" only upon the death of a parent or the termination of parental rights. This is evidenced by Utah's grandparent visitation statute. See Utah Code Ann. § 30-5-2; Uzelac v. Thurgood (In re Estate of S.T.T.), 2006 UT 46, 144 P.3d 1083 (upholding grant of visitation to grandparents when the father was not unfit or deceased). Additionally, the majority states that "parental rights shall not be disturbed absent a determination that the legal parents are unfit." Supra ¶¶39, 28. The United States Supreme Court held otherwise in Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (plurality opinion}, and this court agreed in In re Estate of S.T.T., 2006 UT 46, 144 P.3d 1083, both cases discussed infra Section IV.
By the same token, the majority relies on the status of "mother" or "parent." Supra 140. We note that Jones is seeking only rights to visitation with the child, not all the rights associated with being a parent, an arrangement beyond the scope of this opinion.
. L.B. and H.S.H-K. are in accord with other jurisdictions that have used the common law to grant standing to a third party who has developed a parent-like relationship with a child. See, e.g., E.N.O. v. L.M.M., 429 Mass. 824, 711 N.E.2d *826886, 890-92 (1999), cert. denied, 528 U.S. 1005, 120 S.Ct. 500, 145 L.Ed.2d 386 (1999) (determining that the court's equitable powers governed the resolution of a same-sex partner's de facto parent claim despite a lack of statutory authority); T.B. v. L.R.M., 567 Pa. 222, 786 A.2d 913, 917 (2001) (rejecting the argument that a partner lacked standing because the statutory scheme did not encompass former partners or paramours and finding standing under the common law doctrine of in loco parentis).
. A parent may delegate to a third party a degree of parental authority that the parent intends, from the outset, to be temporary. Examples of such temporary delegation include a parent's appointment of a third party to care for a child while the parent completes military service, serves a prison sentence, or is hospitalized for an extensive period. Third parties that are meant to stand in the place of a parent for only a temporary period of time are not eligible for de facto parent standing.
. The majority cites In re Adoption of P.N. for the proposition that custody may not be awarded to a third party absent the termination of parental rights of the natural parents. Supra 139 & n. 10. The majority again relies on a case where the parties were seeking not only permanent custody, but adoption. Furthermore, the language from P.N. states that the rights of the biological parents could not be "permanently cut off" when the parents "have not been found unfit" and when they "have not consented to such placement." A.N. v. M.I.W. (In re Adoption of P.N.), 2006 UT 64, ¶¶4, 15, 148 P.3d 927. The facts in P.N. were vastly different from those in the case before us. Whereas Barlow fostered the relationship between Jones and the child, P.N. was placed with the prospective adoptive family without the biological father's consent, and he adamantly objected to the custody arrangement with legal strangers from its initiation. Id. 14. The lack of consent by the biological parent in P.N. sets that case apart from the predicament that Jones finds herself in today, where the biological parent encouraged the relationship and is now objecting to its continuation in any manner. Additionally, in P.N., the complete deprivation of the biological parents' rights was at issue; Jones does not seek to eliminate the child's relationship with Barlow, but merely asks to continue her relationship with the child because she has acted as a de facto parent to the child since birth.
. Research indicates that children can begin to form strong bonds at a very early age. See, eg., Joan B. Kelly & Michael E. Lamb, Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children, 38 Fam. & Conciliation Cts. Rev. 297, 299 (2000) ("'In the attachment phase, which occurs between 7 and 24 months of age, the child ... gives increasingly clear evidence that attachments have been formed."). Thus, while the child's age may be relevant in determining the nature of the relationship, I do not in any way suggest that a very young child is incapable of forming a bonded parent-child relationship with a third party.
. I do not believe it is necessary to establish a definite period of time after the petitioner moves from the child's household in which a petition for visitation must be filed. I recognize, and indeed hope, that parties will often resolve matters of visitation on their own, without involving the courts. I also recognize, however, that parties may not be able to resolve their differences regarding visitation, or that the legal parent may suddenly terminate visitation with the third party after that party has enjoyed visitation with the child for months or even years. Setting a limitations period that begins at the date the petitioner moves from the child's household would foreclose a remedy to de facto parents and their children when a legal parent has agreed to allow visitation but later changes his or her mind and denies it. I therefore would require only that a petition be filed within a reasonable time after the legal parent interferes with the relationship between the third party and the child.
. This case addresses only visitation, and I accordingly limit my analysis regarding a natural parent's waiver of the parental presumption to this context. However, some courts have gone further and recognized parity between de facto and legal parents, thus enabling de facto parents to take advantage of the protections offered by the parental presumption. See, eg., Carvin v. Britain (In re Parentage of L.B.), 155 Wash.2d 679, 122 P.3d 161, 178 (2005) (noting that "the status of de facto parents ... places them in parity with biological and adoptive parents" and gives them a fundamental liberty interest in the care, custody; and management of the child), cert. denied, - U.S. -, 126 S.Ct. 2021, 164 L.Ed.2d 806 (2006).
. Several of the dissenting justices in Troxel indicated that they would not be opposed to granting visitation to those that had a substantial *834relationship with a child. 530 U.S. at 85, 120 S.Ct. 2054 (Stevens, J., dissenting) (noting that in many circumstances it would be "constitutionally permissible for a court to award some visitation of a child to a ... previous caregiver"); id. at 98, 100-01, 120 S.Ct. 2054 (Kennedy, J., dissenting) (noting that there may be cases where a third party "has developed a relationship with a child which is not necessarily subject to absolute parental veto" and that "a fit parent's right vis-a-vis a complete stranger is one thing; her right vis-a-vis another parent or a de facto parent may be another").
. See, eg., In re E.L.M.C., 100 P.3d 546, 557, 562 (Colo.Ct.App.2004) (rejecting the assertion that a parent must be found unfit under Troxel and upholding trial court's order granting a partner equal parenting responsibilities based on a psychological parent theory because it was more than a judge's "better decision'" as to best interests), cert. denied, 2004 WL 2377164, 2004 Colo. LEXIS 851, cert. denied, 545 U.S. 1111, 125 S.Ct. 2551, 162 L.Ed.2d 287 (2005); Rideout v. Riendeau, 761 A.2d 291, 303 (Me.2000) ("[Wlhere the grandparents have acted as the children's parents for significant periods of time, [Maine's] Grandparent Visitation Act serves a compelling state interest in addressing the children's relationship with the people who have cared for them as parents ... [and the Act] may be applied . without violating the constitutional rights of the parents."); V.C., 748 A.2d at 554 (noting that where a parent has invited another to be a de facto parent and thereby "altered her child's life by essentially giving him or her another parent, the legal parent's options are constrained"); Rubano v. DiCenzo, 759 A.2d 959, 974 (R.I.2000) (finding that lower court's enforcement of a visitation agreement between the natural parent and the de {facto parent did not violate the Due Process Clause because there are circumstances where "even the existence of a developed biological, parent-child relationship ... will not prevent others from acquiring parental rights vis-a-vis the child").