The couple is a lesbian couple.How can the nonbiological mother get custody or some type of part in the children's lives?Her name is on the birth certifcate and they do have her last name.However,she never adopted them.Is there anything at all she can do?? Any answers would be very helpful!
2007-08-19 02:25:26 · 7 answers · asked by just meeee 1 in Family & Relationships ➔ Marriage & Divorce
The couple is a lesbian couple.They've been together 4 years.The kids are 28 months old.The mother is forcing the other to stay with threats that she will take the kids and not let the other see them again if she leaves.She's trying to find a way to leave but still be able to see and be with her children.She's raised them,and supported them financially.She remodeled the house to fit for the children.Her name is on the birth certifcate and the kids have her last name.Is there any legal way she can get custody,joint custody or even visitations??
2007-08-19 02:45:15 · update #1
In some states if the "non-biological parent' has acted as a parent (e.g., provided a home, been a caretaker, took child to school regularly, they.) they are considered a "real parent' and are often expected to also pay child support if a divorce has occurred. Given this, this "non-biological parent" also has certain visitation rights if the "parent" can clearly demonstrate that she acted as a real parent throughout their relationship. Parenting, in these cases, has exceeded pure biology and moved into the domain of caretaker.
The courts have not routinely visited this issue when it comes to same sex "parents" where both are Gay/Lesbian. In addition, if there was no binding marriage (as permitted in some states) when the couple broke up, the grounds for custody and visitation can be severely weakened.
Regardless of the morality espoused by some, this would certainly be a precedent setting case; however, you'll need to study your state's laws in this regard and also need a good attorney (plus lots of money) to challenge centuries of legal code.
Good luck!
2007-08-19 02:38:13 · answer #1 · answered by Wisdom??? 5 · 0⤊ 0⤋
Lesbians do not represent valid parents, and no child should be in their entrapment in the first place. Homosexual so-called parenting or adoptions needs to become against the law and listed as a felony.
Even if one is the natural mother through a previous normal reliationship, the custody should be questionable now that she has deteriorated and become incompetent.
The best interest and well-being of the child must take precedence over selfish interests (to put it mildly), sorry.
Furthermore, I don't appreciate the way you omitted "lesbian" from the subject line (simply saying "a couple" and "non-biological parent"), and then just eased the lesbian part in, as though it were normal.
2007-08-19 09:30:30 · answer #2 · answered by Anonymous · 2⤊ 3⤋
This person needs a lawyer specializing in child custody issues in the state she lives in. Getting legal advice from Yahoo answers isn't going to help her.
2007-08-19 09:55:41 · answer #3 · answered by tjnstlouismo 7 · 0⤊ 1⤋
in the first place she dint have any legal papers all she have to do is to ask favor from the mother a permission to visit the kids once in a while if the other side hesitate she can go to a near lawyer to execute a permission letter to visit the kids (if the kids really wants to see her but if the kids hesitate she can do nothing about it).
2007-08-19 09:41:12 · answer #4 · answered by pretty 1 · 0⤊ 1⤋
well you can ask the lady to let her see the children. if that doesnt work the only "good" thing to do would be to go to court and see what they can do.
2007-08-19 09:30:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i think once her name is on the birth cert she might have rights she should find out all her rights good luck
2007-08-19 09:29:55 · answer #6 · answered by debs 5 · 0⤊ 0⤋
not sure you might want to ask in law and ethic's they are very helpful in there.....sorry
2007-08-19 09:29:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋