GROUPS PETITION IN UTAH LESBIAN PARENT CASE: From PlanetOut Network

A nasty lesbian parenting battle is about to get nastier as the Utah Supreme Court prepares to sort out the escalating hostilities between a conservative Christian mother and her former partner. ...

Cheryl Pike Barlow and Keri Lynne Jones have a history that has become familiar to those who follow adversarial lesbian parenting cases. Both women decided to start a family, and an anonymous sperm donor was selected with both parents in mind. While Barlow was pregnant, the couple went to Vermont to sign up for the relatively new status of civil union partners. Although Barlow gave birth to a daughter, it was agreed that Jones would have their second child, which never happened. Initially, Barlow stayed home with their daughter, while Jones worked.

After about two years, however, the relationship broke apart, the separation exacerbated in this case by Barlow's conversion to conservative Christianity. For almost a year, as Jones struggled to articulate and enforce her legal rights, Barlow kept the child isolated from her other mother. Finally, with the help of Salt Lake City attorney Lauren Barros and the National Center for Lesbian Rights, Jones won two key victories late last year.

First, the trial court ruled that Jones was a de facto parent, having been operating in the household as a parent until the breakup. Second, the judge awarded limited visitation, and ordered Jones to pay some child support. The visitation was to start with two days a month and increase to every other weekend once their daughter and Jones had a chance to get to know each other again. ...

This week, the National Center for Lesbian Rights filed briefs before the Utah justices, asking that the lower court rulings be upheld once and for all and that Keri Jones be given a chance to resume her role as mother. Central to their argument is the fact that the status of "de facto parent" has nothing to do with the relationship between one parent and the other, and everything to do with the relationship between the parent and the child. Jones is a de facto parent, not because of any ties she may or may not have to Barlow, but because of her parental relationship with her daughter, a relationship that was proven in trial court.

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posted by Eve at 3:39 PM | link

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