Former same-sex partner petitioned for joint custody and liberal visitation of child that had been adopted by the other partner during the time the two held themselves out as a couple.
Held: former same-sex partner could only attain standing to seek custody or visitation of adopted child if the former partner qualified as a de facto custodian, if the adoptive parent had waived her superior right to custody, or if the adoptive parent was conclusively determined to be unfit; and Circuit Court’s finding that adoptive parent had not waived her superior right to custody, and that her former same sex partner had no legal basis entitling her to custody or visitation with the child, did not constitute an abuse of discretion.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com