finding that a mother waived her superior right as natural parent to sole custody of a child in favor of a joint custody arrangement with her same-sex non-parent partner, and thus the non-parent partner was entitled to shared custody of the child following dissolution of the relationship between the mother and her partner, where the mother and the partner had jointly decided to start a family, a sperm donor had been selected based in part on the non-parent partner’s characteristics, the partner had cared for the child from birth until after dissolution of the parties’ relationship, and the mother had encouraged; fostered, and facilitated an emotional and psychological bond between the non-parent partner and the child
How later courts described this case
- finding that a mother waived her superior right as natural parent to sole custody of a child in favor of a joint custody arrangement with her same-sex non-parent partner, and thus the non-parent partner was entitled to shared custody of the child following dissolution of the relationship between the mother and her partner, where the mother and the partner had jointly decided to start a family, a sperm donor had been selected based in part on the non-parent partner’s characteristics, the partner had cared for the child from birth until after dissolution of the parties’ relationship, and the mother had encouraged; fostered, and facilitated an emotional and psychological bond between the non-parent partner and the child
- holding that the biological mother’s former same-sex partner had standing to seek custody under a statute granting standing to a nonparent who has physical custody and was acting as a parent, even if the nonparent did so in a shared custody, coparenting situation
- holding that a same-sex partner had standing to pursue custody of her former partner’s biological child when the child was born into the relationship and the partner coparented the child
- holding that same sex partner acting in the capacity of a parent had standing to seek custody and that the biological mother waived her superior custody right
Written by the judges who cited it.
The opinion
SCOTT, J.,
concurring in part and dissenting in part.
I am compelled by the logic of “parenthood” and precedent to join Justice Cunningham’s well-reasoned dissent. The new of theory of “waiver” fashioned by the majorities’ opinion — now “unhinged” from the former requirement of the child’s significant physical separation from the parent — will ultimately enable step-parents to contest for custody of their step-children, even in short term marriages.