N.C. Appeals Ruling Limits Extent of Partner's Parenting Rights

Arthur S. Leonard offers an analysis of a recent NC case on his blog. A snippet:

In this case, the two women, rather far apart in age, met when one was the professor teaching a course in which the other was enrolled. They are 13 years apart in age. Several years into their relationship, the younger decided to have children. The older was not an active participant with respect to this decision; the opinion suggests that she agreed that the younger could have and raise children in the context of their relationship, but there was no express understanding that the older woman would be considered a parent. In the event, the older woman did perform the insemination with donated sperm, and was present at the hospital for the delivery (of twins). But during the pregnancy, which was difficult, bio-mom's mother actually came to live with her and was the primary caregiver through the pregnancy -- and was also present at the delivery. According to the trial record (the trial court denied a pretrial dismissal motion, finding the need for a trial on the question of waiver of constitutional rights), when a nurse at the hospital addressed the older partner as "mom" she was sharply corrected by bio-mom.

There was no written parenting agreement or express agreement between the women that the older partner be considered a parent to the twins. She did participate in raising them for the time the relationship continued, but the hearing record, as summarized by Judge Geer, suggests that bio-mom actively resisted the idea of older partner being a "mother" to the children and was uncomfortable with occasional suggestions that was the case. When she decided to end the relationship and move out, she voluntarily allowed considerable visitation at the beginning with the idea that she would cut it down as the children became established in their new home. When she started cutting down the visitation time, the former partner sued for custody and visitation rights.

Based on this record, the trial judge found that bio-mom had not waived her primary constitutional rights, and thus the court would not make a custody determination using a best interest standard to evaluate the older woman's claim.

posted by Imapp Staff at 9:18 AM | link

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