Court of Appeals Decisions Give Road Map for Same-Sex Parents
5/7/2008 - Yesterday the Court of Appeals issued two rulings affecting same-sex families. These two cases now give us a detailed "roadmap" of what needs to be shown in a custody case between two same sex parents.
The first involved a case from Durham and the appeals court upheld the trial judge's ruling giving the co-parents joint equal custody. In the other case from Orange County, the appeals court upheld the trial judge's ruling denying the non-biological parent any custody rights. The court based their decisions on the facts in each case.
One strong message from both cases is if you want to both be equal legal parents, you must take affirmative action to demonstrate that - by your behavior, by conveying your intentions clearly to each other, by your agreements with each other, and by what you put in writing.
Equality NC strongly encourages same-sex couples with children to seek the advice of an attorney experienced in working with LGBT families to secure as much protection for their children as possible.
Aloha Equality!
