Several states have rejected the concept of “de facto parent” among them are: Kentucky, West Virginia, Ohio, Vermont and New York.
Ohio in the unpublished opinion in IN RE: CHEYENNE MADISON JONES ruled in a
case involving two women, that Ms Dvorak (the non-biological partner) was neither the natural nor the adoptive parent of Cheyenne, therefor she cannot be a "parent" within the meaning of Ohio law, and she is not entitled to an award of parental rights under the statute without first proving that Jones is unsuitable.
Ms Dvorak resided with Cheyenne's biological and legal mother, Ms Jones for several years prior to Cheyenne's birth and she had helped plan Cheyenne's conception and birth. Ms Dvorak asserted that, after Cheyenne's birth, she had acted as one of Cheyenne's co-custodians, providing care and support for several years. Ms Dvorak and Ms Jones separated and visitation occurred regularly between Cheyenne and Ms Dvorak until Ms Jones terminated contact. The court rejected Ms Dvorak’s request for custody, visitation, support and other relevant matters.
reference: http://www.steuartlaw.com/De_Facto_Parents.pdf

