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State courts differ on rights of lesbian moms
Filed under: Just For Moms, Divorce & Custody, Gay Parenting
Two lesbian former partners are battling out child custody in court after their civil union failed. The two women were partners and conceived baby Isabella through artificial insemination after their 2002 civil union. The birth mother, Lisa, announced the next year that she was no longer a lesbian. She then moved from Vermont to Virginia with Isabella.
Only problem? Virginia does not recognize civil unions. Vermont said that Janet, who was the non-bio mom, should have visitation rights. Virginia said "no" and gave Lisa sole custody.
Janet now has to pay $240 a month in child support.
It is a sad day when a parent fights and denies the other parent visitation rights. Hopefully, Lisa will realize that Isabella, who is now four, will benefit from having contact with both her parents.
Of course, I don't know the entire situation and background between the couple, but I would think that Lisa, a former lesbian, would understand the steep battle Janet will have to fight for equal rights to her daughter and would have compassion.
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ReaderComments (Page 1 of 1)
1-17-2007 @ 2:57PM
Rachel May said...So... how is it that she still has to pay child support if she doesn't get visitation? I don't understand how one state could deny visitation but not dismiss the child support requirement.
I'll admit that I'm ignorant of divorce/custody proceedings, but it just doesn't make sense. I can understand denial of visitation and simultaneous child support requirements if there was abuse involved, but otherwise... ?? I'd love to be enlightened about this if any of you know.
Reply
1-17-2007 @ 6:42PM
Dana said...You say "I can understand denial of visitation and simultaneous child support requirements if there was abuse involved, but otherwise... ??"
Denial of custody to a non-bio mother is unfortunately not a rare occurance for lesbian couples, especially in states (such as VA) that do not recognize same-sex relationships. For straight couples, where all states recognize their relationships, this isn't an issue, and both parents have an equal shot at custody (barring cases of abuse). A few courts have ruled in favor of non-bio moms (e.g., http://www.365gay.com/Newscon06/11/112906paParent.htm), but most often, the non-bio mom is left in the cold.
Note that a Vermont court "found Miller in contempt of court for failing to allow Jenkins to visit the girl, ordering Miller to pay more than $9,000 in fines and costs. That order has been stayed while further appeals are pending in Virginia."
This whole case is yet another reason that state-by-state recognition of same-sex relationships, while useful to a point, still does not provide the rights that opposite-sex couples have. An opposite-sex couple can move to any state without worrying about their relationship or their parental status suddenly becoming invalid.
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1-17-2007 @ 10:28PM
Heather said...I agree if they don't recognize her as a parent and deny visitation then why is she paying child support. It is one or the other.
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3-21-2007 @ 6:04PM
Raina said...I have a friend in california (whose ex moved back to family in a much more conservative state) going through the same thing, tho it's more tentatively "so far so good" with her case. Hopefully a precedent will be set for all.
As far as the child support the article doesn't say but there's a possibility she's paying it voluntarily. Rights and responsibilities of parenthood go hand in hand. She is supporting her child.
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