A woman sought to obtain child visitation or joint custody over the children that she co-parented while in a relationship with the childâ€™s mother, as reported by the Topeka Capital Journal in a February 22, 2013 news article.
During the womenâ€™s relationship the mother of child was artificially inseminated and gave birth to two children. After the women terminated their relationship one woman petitioned the court for custody, the other woman countered on the grounds that the women had a co-parenting contract.
The lower courts ruled that the petitioning woman was entitled to have joint custody. The mother appealed on the grounds that joint custody was a violation of her constitutional right to have full parental rights and control over how her children are raised. The mother further argued that the petitioning woman was not a biological or adoptive parent therefore she did not have right for custody.
The case went before the Kansas Supreme Court, which ruled that there was significant evidence that it was in the best interest of the children to remain in contact with the woman. The woman was an active parental figure in the childrenâ€™s life since their birth. The court ruled that the lower court was to review the case again and that there must be an attorney appointed to represent the childrenâ€™s interest. Lastly, the court ruled for the lower court to review the co-parenting agreement.
Jayson Lutzky has been a practicing New York attorney for 30 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/Â for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.