Cyber Monday 50% OFF SITE WIDE! Check it out now | Free Shipping + Financing Available!

Nebraska Supreme Court Rules in Favor of Lesbian Mom

by S Ralph August 30, 2011

By: Shannon Ralph

On Friday, the Nebraska Supreme Court ruled that a woman involved in a twenty-year same-sex relationship has the right to seek custody and visitation rights for a child born to her now estranged partner. The case marks the first time the state court has weighed in on the issue of custody and visitation rights for same-sex couples with children.

Under state law, Teri Latham of Omaha could not adopt the boy born to her partner or claim legal standing as a parent because the state does not recognize same-sex unions. But the Supreme Court ruled Friday that she had the right to argue she had, in essence, become a parent through her parenting of a boy born to her partner, Susan Schwerdtfeger, in 2001.

Latham helped plan and finance the birth, helped choose a sperm donor, and helped raise the child until the couple separated in 2006. She was provided visits with the child for a year and half, when the boy’s biological mother cut off all ties.

The Surpreme Court ruling in Latham’s favor took into account the common law legal principle of in loco parentis in which a nonbiological or nonadoptive person —typically a stepparent or grandparent— can become a legal parent by assuming the obligations of a parent and through a relationship with a child. The court, in its ruling, noted that “a biological parent’s rights do not extend to erasing a relationship between her partner and her child which she voluntarily created and actively fostered simply because after the parties’ separation, she regretted having done so.”

Latham’s attorney, Tyler Block of Omaha, said, “They’ve applied age-old law to this particular situation. I think they’ve gotten it exactly right.”

The post Nebraska Supreme Court Rules in Favor of Lesbian Mom appeared first on The Next Family.




S Ralph
S Ralph

Author


Leave a comment

Comments will be approved before showing up.


Also in Parenting

Modern Fitness For the Modern Parent

by The Next Family March 25, 2016

e13db90f29f21c3e81584d04ee44408be273e7d61cb710479cf7_640_fitness-300x214@2x

Originally published on The Seattle Lesbian

By Laura King

Life can get busy. With work, kids, family commitments, friends, chores, and the general chaos of everyday life, it can be near impossible at times to sit down for a cup of tea, let alone squeeze in an hour of exercise regularly. However, all things are possible if you set your mind to them. Those that prioritize their fitness nearly...

Continue Reading →

Estate Planning: The Basics For LGBT Families

by The Next Family March 25, 2016

With the passage of marriage equality last year, laws have been quickly changing across the United States. LGBT couples with or without children weren’t just given the right of marriage, they were provided new protections and benefits within their families. All of a sudden, LGBT couples and families had to figure out how to file jointly when it came to taxes, how to add...

Continue Reading →

Representation of Modern Families in Kid-Friendly Entertainment

by The Next Family March 24, 2016 1 Comment

SidsFamily

By Alex Temblador

I recently wrote an article for The Next Family called, “Family-Friendly Films That Feature Adoption and Foster Care,” that shared wonderful family films with adoption or foster care story lines. My reasoning behind doing so was because every family deserves a chance to see similar families like theirs represented in various forms of entertainment.

The same can be said of other...

Continue Reading →