Florida readers will not be surprised to hear that another custody battle is underway involving same-sex parents. Although the Supreme Court legitimized same-sex marriage, matters of child custody and parental rights remain somewhat unsettled. A child custody attorney faces an uncertain outcome in these matters as families struggle with these difficult decisions.
In the case at hand, two women married and decided to use a sperm donor to bring their son into the world. When the relationship fell apart, the woman who gave birth to the boy took the position that she, and only she, had a right to parental status. What makes this case unique is the fact that the sperm donor was also afforded parental rights.
This left the second mother in a difficult legal position. Although she makes child support payments and has visitation rights with her son, she lacks any legal parental status. Her attorney argues that, if the biological mother were to pass away, their child could become a ward of the state before his other mother was granted custody.
The outcome of this case is far from certain. Many cases in Florida and across the country have followed the belief that the Supreme Court not only legitimized same-sex marriage, but also afforded child custody and parental rights to same-sex parents. However, there are other cases where the outcome has not adhered to that approach, no matter what argument was presented by the child custody attorney. Florida readers can continue to follow this matter to see how the issue is ultimately resolved.
Source: abcnews.com, “Mississippi woman seeks parental rights in same-sex divorce”, Jeff Amy, Nov. 29, 2017