MISSOULA -- A trial in the case of a woman seeking parental rights to children adopted by her former partner began in District Court here Thursday.

Michelle Kulstad is seeking joint custody of two children -- an 8-year-old boy and a 5-year-old girl -- adopted by Barbara Maniaci.

Kulstad testified that she and Maniaci were in a committed relationship for about 10 years and that before they split, Kulstad provided for the children's physical, psychological and developmental needs, and ''made a commitment to both of them that I would always there to be their parent.''

An attorney for Kulstad, Susan Ridgeway of Missoula, argued in court records that there is ''significant evidence'' that the children regard Kulstad as their parent.

''It is in the best interest of the children for their parent-child relationship with Ms. Kulstad to continue,'' Ridgeway said. ''Terminating or reducing Ms. Kulstad's contact with the children presents a risk of harm to the healthy development of these children.''

Maniaci argues that Kulstad is neither a biological relative nor an adoptive parent to the children, and is asking the court to reject Kulstad's request for parental rights.

Austin R. Nimrocks, an attorney for Maniaci, said his client paid the cost of the children's adoption, nurtured them and is their ''fit, natural parent.''

''Undermining the rights of fit parents harms families and children,'' said Nimrocks, senior legal counsel for the Alliance Defense Fund, a national conservative legal agency. ''A natural parent who has never been declared unfit as a parent has the right to prevent access to her children by legal strangers.''

He added that Maniaci is now married and is being ''prevented from raising her children with her husband in the way they see fit.''

Attorneys for both sides said the same-sex parental rights trial, before District Judge Ed McLean, is a first in Montana.

Kulstad presented her case Thursday, saying she and Maniaci were living together in Turah when they decided Maniaci would adopt the young boy in 2004 and the girl in 2006.

Kulstad said she was not listed on either child's adoption records because it is illegal in Montana for same-sex couples to adopt. She said the couple decided Maniaci would be the adoptive parent because Kulstad was working full-time and Maniaci would be able to spend more time with them.

However, Kulstad said she supported the children financially and emotionally, and ''they lived with me as a parent.''

According to court records, the women's relationship eventually deteriorated, and Maniaci moved out, took the children with her and filed a restraining order against Kulstad.

After a March 2007 hearing on the restraining order, McLean ruled that Kulstad had an established parenting relationship with the kids and therefore had standing as a party to the parenting proceeding. He awarded Kulstad visitation rights and gave her access to records regarding the children's schooling, day care, counseling, and medical and dental care.

The defense argued in court records that Kulstad ''did not make important decisions regarding the life and direction of Defendant's (Maniaci) son, and never functioned as the sole custodian of Defendant's son until ordered by this court.'' In addition, the defense claims ''the evidence does not demonstrate that Plaintiff (Kulstad) fulfilled the role or function of a parent with regard to her daughter.''

Maniaci has ''testified to multiple, credible examples of instances where she functioned as the sole parent'' to both her son and daughter, the defense said.

The trial was expected to wrap up Friday.

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