Jacksonville Divorce Lawyer Blog
A Michigan appeals court has reversed the ruling by a lower court that allowed a lesbian couple to have joint custody of their three children after their relationship ended.
Together almost 20 years, Renee Harmon and Tammie Davis, who carried each of the three children, raised their children together. Their relationship ended bitterly, with Davis obtaining a court order to prohibit Harmon from having any further contact and Harmon responding with a lawsuit.
Because Davis was the legal biological mother, Harmon needed the court to grant joint custody. The appellate court said no, stating that parental rights in Michigan can only be bestowed through procreation, adoption or the assumption of parenthood in a legal marriage.
In 2004, Michigan passed Proposal 2, outlawing same sex marriage. Since that time, courts have determined that the law also applies to same sex civil unions.
In a Michigan adoption, the biological parents must place the child into the adoption process; in addition, only married couples or single parents may adopt.
If you are currently considering a divorce where child custody is likely to be an issue, you should consult with a Florida divorce and child custody attorney to learn what your rights are under Florida law.