United States: court reunites lesbian mother with daughter
A Pennsylvania appeals court has re-united a non-biological lesbian mother and her daughter. The two have been unable to carry on any kind of a relationship because the biological mother has kept the daughter and the former partner apart ever since the two women split.
The two women, who were identified as TB. and L.R.M. in the court documents, raised their daughter together. L.R.M. is the biological mother. T.B., who took full responsibilities as a parent in every aspect of their daily life, was denied the right to visit her daughter after the two women split up.
A lower court ruled that because TB. and the daughter had been apart for a long time, it was now in the best interest of the child to remain separated from TB. The lower court had kept TB. from seeing her daughter since 1997. But the three-judge panel of the appeals court rejected that line of reasoning as having legal basis. The appeals court rejected the lower court’s decision, saying the court “abused its discretion” by denying visitation rights to TB. on basis of this argument. “Imagine a scenario where the same premise is applied to spouses,” wrote Judge Michael T. Joyce. “It is inconceivable that an embittered spouse who successfully estranges the children from the other spouse, to the point where the other spouse is unknown to the children, should be rewarded by a determination that it shall be in the best interest of the children not to have any relationship at all with the alienated spouse because of the custodial spouse’s feelings.”
T.B. will now be allowed to visit her daughter in a supervised setting.
-info from alternet.org
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