CUSTODY RULING MAY AFFECT OTHER CASES: From the Deseret Morning News

Attorneys on both sides say this is not a case about gay marriage. But a legal battle over an ex-lesbian partner's visitation rights could have an impact on rights of unmarried partners, regardless of sexual orientation.

A Utah mother is fighting a district court judge's order to allow her ex-partner visitation rights to the mother's child, whom the former couple planned through artificial insemination. ...

Under Utah law, Barros said, four standards must be met to determine a parent/child relationship:
-- The mother must intend to have the other adult have a parental relationship with the child.
-- The other adult must also intend to have a parental relationship.
-- Evidence must exist that the parental relationship did indeed exist.
-- There must be evidence that the adult had involvement in the day-to-day care of the child.

Barros said Jones has met all the criteria.

However, Bill Duncan, director of the Marriage Law Foundation, said there is strong precedence that able parents have the right to raise their children as they see fit. He pointed to a U.S. Supreme Court ruling that held a parent's interests in a child's upbringing are generally protected by the 14th Amendment. ...

Mylar said the issue also applies to heterosexual, unmarried couples and he feels there is the danger that any adult can claim a relationship to a child, be it a college roommate, schoolteacher or day-care worker.

"Should a woman's boyfriend have a right to visitation rights? What if she decided to get married? Do you want this person to be involved in this child's life then?"

Barros counters that Jones held herself out not just as a simple care-giver but as a parent.

more

posted by Eve at 8:37 PM VOTE

0 Comments:

Post a Comment

<< Home