The times are changing when it comes to child custody agreements and other issues that have been plaguing some families going through divorce proceedings. A recent case ruled upon by the Florida Supreme Court could soon serve as the springboard for same-sex couples undergoing child custody and visitation proceedings.
The case involved a 6-year-old boy who was taken by his birth mother when she broke off a relationship with her ex-partner. The Supreme Court ruled that the adoptive mother does have visitation rights to see the boy. This landmark ruling could provide a beacon of hope for other same-sex couples.
There are some interesting points to note in this case that could have an impact on its possible future use in similar cases. The former couple reared the boy together. Both of the women’s names were listed on the birth certificate after one of the women adopted the boy in 2012. When the women separated, the birth mother asked for the adoption to be voided after a year of co-parenting. That request was granted.
This new ruling says that both women should be treated equally as parents of their son. The court ruled that it would not be proper to destroy a parent-child relationship just because the relationship between the parents ended. Any parent who is part of a same-sex marriage or relationship that has ended has the right to do as this woman did and fight for custody or visitation. Knowing the laws and understanding how to apply them might help you to know how to state your case.
Source: Watermark Online, “FL Supreme Court rules in lesbian custody case” Jamie Hyman, Aug. 13, 2014