Child Custody Battle to Impact Same Sex Couples

CATCHICK LAW BLOG

Child Custody Battle to Impact Same Sex Couples

Posted March 23rd, 2016 - Under Child Custody, Family Law, Recent News, Same Sex Couples

A courtroom battle is brewing in Monroe County, where the legal definition of “parenthood” is at issue. A lesbian couple (Ms. Zunk and Ms. Hopps) had two children through in vitro fertilization, before same-sex marriage was legalized. The woman who was not actually impregnated by the sperm donor (Ms. Zunk) was given a limited guardianship of the children in 2011. After the couple broke up in 2014, the woman who actually carried the children in her womb (Ms. Hopps) filed a motion to terminate Ms. Zunk’s guardianship. Ms. Zunk is now trying to get custodial and parenting time rights with the children whom she has treated as her own since they were born. This case will have a huge impact on how Michigan judges handle custody disputes of same sex couples where the children were born before the Supreme Court legalized gay marriage.

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