Showing posts with label equitable parent doctrine. Show all posts
Showing posts with label equitable parent doctrine. Show all posts

Tuesday, October 29, 2013

No custody rights, says Michigan Court of Appeals to parent in same-gender couple



article here.  

The Michigan Court of Appeals has agreed with a Dickinson County judge who dismissed a lawsuit by Jennifer Stankevich who was seeking custody and other rights from her former partner, Leanne Milliron.
Stankevich and Milliron had entered into a same-sex marriage in Canada in 2007 but separated two years later.

While Stankevich apparently had a role in the child’s early life, the court ruled Milliron is the biological mother, and since Michigan doesn’t recognize same-sex marriage, she thereby has the upper hand in any legal action.

Side Note: I think that this may be an inequitable result, but probably will be upheld if it goes to a higher court. If there's a heterosexual couple, where children are residing with a biological parent, and one person is not the biological parent, and doesn't make an effort to adopt children who he/she is parenting, then they have no standing for custody when the adult relationship ends. This is similar to how the court here viewed the standing of the non-biological mom in this same-gender couple.