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Same Sex Couple In Child Custody Dispute.

August 24, 2012 by Leave a Comment

M.G. and L.M. are both women who lived together for five years as same-sex partners, but were not domestic partners pursuant to Family Code §297. M.G. adopted a baby and took maternity leave from work for his first three weeks of life. L.M. said she took leave for the next three weeks. Both participated in the child’s care. In 2003, when the child was a little over three years old, the couple’s relationship ended, and the child resided primarily with M.G. but spent the night at L.M.’s home several times a month. The child calls L.M. “mom” or “mommy,” and L.M. refers to him as her son. In 2009, when the boy was nine years old, M.G. informed L.M. she planned to relocate to Europe with the child for 18 months because M.G.’s domestic partner would be temporarily assigned there for her job. L.M. filed a petition to establish a parental relationship with the boy pursuant to the Uniform Parentage Act [Family Code §7600 et seq.] The trial court adjudged L.M. to be a parent of the child because she received the child into her home and held him out to the world as her natural child. The court permitted M.G. to travel to Europe for the 2010-2011 school year with certain rights of visitation by L.M. and a follow-up hearing to determine whether the stay in Europe should be extended to the full 18 months. The appellate court affirmed. L.M. v. M.G. (Cal. App. Fourth Dist., Div. 1;  August 2, 2012) (Case No. D060409).

Filed Under: Children Law News, Family Law News, Legal News

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