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Non-biological parent denied custody in same-sex partnership

On Behalf of Cullen Family Law Group | Aug 8, 2011 | Custody & Visitation |

In California, the definition of the modern family is constantly evolving. With blended families and same-sex parents being included in the make-up of many families, child custody cases are becoming increasingly more complex.

However, custody is not guaranteed for non-biological parents, as one woman in Ohio found out recently. Because gay marriage is not recognized in Ohio, the state supreme court has decided to not grant custody to the non-biological parent of a young girl. The Ohio woman has been involved in a bitter custody dispute over the girl for almost three years with her former partner.

Documents suggest that the woman and the biological mother of the child made the decision to become parents and drafted “co-parenting” documents to memorialize their decision. When the women decided they wanted to add a child to their family, it was decided that the younger of the two would give birth. The couple even took on a second mortgage to cover the cost of fertility treatments.

The woman signed numerous documents that granted full ‘paternal rights’ for herself as the non-biological parent. However, the biological mother allegedly refused to sign a legally binding contract, and even revoked the original agreements that existed between them when the relationship ended.

The case was brought before the Ohio Supreme Court, where sadly, the majority voted in favor of the biological parent. The dissenting court justice stated that the issue on trial was whether the women had agreed to be co-parents, not whether the biological mother had changed her mind. He also stated that it was his opinion the law needs to ‘catch-up’ with the today’s culture.

Gay and lesbian couples are often concerned that their “non-traditional family” will be at a disadvantage in custody decisions. The case has attracted attention from numerous gay-rights groups, concerned that gay or non-biological parents can lose their access to a child because many states prevent gay and lesbian couples from getting married or aren’t included in the current child custody laws.

Ultimately, it is the child that suffers most in situations like this. In this case, the child referred to both women as “mom” and will now lose access to their non-biological mother.

Disrupting the care and established relationships of a child can be damaging and unsettling. In situations where two parents cannot agree on custody or visitation of a child, it is important to consult an attorney experienced in child custody.

Source: The New American, “Lesbian Loses Court Battle in Child Custody Case With Former Partner,” Dave Bohon, July 18, 2011

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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