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Thursday, September 03, 2015

Court: No parental visitation rights for woman after same-sex divorce

ANNAPOLIS, Md. (AP) — Noting the lack of state laws governing same-sex divorces, a Maryland appeals court has ruled that a lesbian woman has no right to visitation or custody of a child to whom the woman’s former partner gave birth before the couple married.

The Court of Special Appeals on Aug. 26 upheld a ruling by a Washington County Circuit judge that Michelle Conover does not have parental standing over 5-year-old Jaxon Conover, The Daily Record of Baltimore reported (http://bit.ly/1IIZ4m9). The boy was born six months before Michelle Conover married the boy’s biological mother, Brittany Conover, and 17 months before the two divorced.

Writing for the court, Judge Robert A. Zarnoch said that clearer laws governing the rights of same-sex couples need to be established by state legislators. He ruled that Michelle Conover was a “third party” and not a second parent, meaning she would have to prove that Brittany is an unfit mother or that exceptional circumstances exist to override Brittany Conover’s choices about the people with whom her child spends time.

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6 comments:

Anonymous said...

Its almost laughable. What an idiot.

Anonymous said...

No man would've either! Kids not his or hers.

Anonymous said...

The couple should have had this handled prior to the child's birth, if they were committed and had the child out of love. An attorney would have handled this with a joint adoption, thereby giving full rights to each parent.

Anonymous said...

It makes me wonder if they were together and having the child as a couple while waiting for the law to change in order to get married. That's different than coming into a situation where the custodial parent was pregnant when they met. Nasty situation for the family.

Anonymous said...

freak flag flying high

Anonymous said...

Sucks for the kid.