Court reverses custody ruling involving same-sex couple

Source: David Ashenfelter, The Detroit Free Press

We previously reported on a case here in metro Detroit involving a child custody battle between former lesbian partners. During their 19 year relationship, the couple had three children through means of artificial insemination. In April, in a first-of-its-kind ruling in Michigan, the trial court deemed that the non-biological parent had standing to pursue joint custody of the children.

However, last week, the Michigan Court of Appeals reversed the lower court's decision and ruled that "one becomes a parent under the Child Custody Act through procreation, or through adoption or the presumption ... arising from a child born in a legal marriage." Consequently, because none of these situations were applicable to this case, they found that the non-biological parent has no standing.

The case has been remanded to the trial court for further proceedings consistent with this decision.

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