Court Gives Marital Rights to Out-of-State Domestic Partnership

The Massachusetts Supreme Judicial Court recently handed down a ruling that will affect the parental custody rights of some same-sex partners in the state.

2013-01-12

January 12, 2013 (Press-News.org) Court gives marital rights to out-of-state domestic partnership

The Massachusetts Supreme Judicial Court recently handed down a ruling that will affect the parental custody rights of some same-sex partners in the state. The court ruled that a same-sex domestic partnership that was entered into in California is the equivalent of a Massachusetts marriage. Furthermore, the court decided that children that were born after the domestic partnership was entered into are legally the children of both the partners.

About the case

The facts of the case started when Miko Rose and Amy Hunter entered into a declaration of domestic partnership, which was registered under California law. In California, parties in a domestic partnership have the same rights as married parties.

Rose used donor sperm to become pregnant and moved to Massachusetts with Hunter. She successfully gave birth to a daughter that they named Jill. Hunter later became pregnant with the same donor sperm that was used to conceive Jill. However, before she gave birth, the relationship between Rose and herself broke up. Hunter later gave birth to the second child, Mia.

After the dissolution of the relationship, Rose filed a lawsuit to prevent contact between Hunter and Jill, although she had been Jill's primary care-giver. In doing so, Rose argued that since they were not married, Hunter had no parental rights.

The court rejected Rose's arguments and ruled that both Rose and Hunter are the legal parents of the two children. The court reasoned that in Massachusetts law says that children born during a marriage are presumed to be children of both spouses. Since California law gives same-sex domestic partnerships virtually the same rights of marriages, the court found that Rose and Hunter's domestic partnership was the equivalent of a Massachusetts marriage and that they were entitled to the same rights.

Having concluded this, the court gave Hunter parental rights to Jill (the child born to Rose). In addition, the court applied the same legal analysis that is used in all Massachusetts child custody cases and decided to award Hunter physical custody of Jill. Finally, since Rose did not want custody of Mia, it also awarded Hunter custody of Mia. However, Rose was legally obligated to pay child support for both children.

Effect of decision

In Massachusetts divorces, a court makes child custody and visitation decisions based on what is in the best interests of the child (or children). In doing so, Massachusetts courts award custody to the parent whom it believes can best meet the child's needs. Since the court decided that domestic partners from other states have the same rights as those married in Massachusetts, the court made it clear that the same legal principles used to decide child custody matters during a divorce would also apply to the dissolution of same-sex domestic partnerships that were originally formed out-of-state.

Massachusetts child custody law is complex and evolving. Every family's situation is different. Because of this, if you are considering a divorce, it is important to contact an experienced family law attorney for advice and guidance.

Article provided by Army & Army, LLC
Visit us at http://www.armyandarmylaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Estate and Gift Taxes After the Fiscal Cliff

2013-01-12

Estate and gift taxes after the fiscal cliff At the end of 2012, many people scrambled to make gifts and changes to their estate plans in anticipation of big changes in estate tax laws. Thankfully, at what seemed like the final hour, Congress reached a deal that will allay the concerns of many people who have not yet updated their estate plans. Concerns about the fiscal cliff Many people were rightly concerned that unless Congress moved to change things, the estate tax would affect far more people and result in much higher federal estate taxes. This was because ...

Some North Carolina Crime Lab Analysts Not Certified

2013-01-12

Some North Carolina Crime Lab Analysts Not Certified With the rise in popularity of television shows featuring forensic scientists, people are becoming more accustomed to seeing scientific evidence as part of criminal trials. Juries almost seem to expect forensic evidence to be a major component of the state's case against a person facing criminal charges. North Carolina's crime lab may not be producing evidence as reliable as people think it is, however, since many of the analysts have not passed their necessary certification exams, according to state records. One-Third ...

Why It Is Important To Divide Debts In Divorce

2013-01-12

Why it is important to divide debts in divorce Couples that are going through a divorce have to face the difficult task of dividing up debts that were incurred during the marriage. This task can be particularly hard because it is common for one spouse to incur debt during a marriage that the other spouse has nothing to do with. But when married, debts incurred during the marriage are "marital debts" and therefore can be apportioned between the spouses in the divorce. Therefore, Colorado residents should be sure to divide debts when getting a divorce. Division ...

Domestic Violence Against Men: Steps Husbands Should Take

2013-01-12

Domestic violence against men: Steps husbands should take Domestic violence committed against anyone is wrong, but when men going through divorce claim they're the victim of domestic violence in court proceedings the claim is often interpreted as being disingenuous or as a power play. Husbands, like wives, can be the victims of the domestic violence. Recent data shows that more men are subjected to domestic violence than what is perceived by the public. The statistics regarding women and domestic violence are sobering. According to the National Coalition Against Domestic ...

Recent Study Sheds Doubt On DUI Checkpoint Effectiveness

2013-01-12

Recent study sheds doubt on DUI checkpoint effectiveness Colorado residents may have encountered a DUI checkpoint before, but according to a recent University of Maryland study, DUI checkpoints are not as effective as they were thought to be. The study finds that the checkpoints often fail to make any drunk driving arrests even though many drivers are pulled over and tested. The study also found that the checkpoints do not typically change driver behaviors. A DUI checkpoint is a point on the road established by officers who then pull over either every vehicle or a ...

Financial Steps Individuals Should Take To Prepare For Divorce

2013-01-12

Financial steps individuals should take to prepare for divorce A person going through a divorce can expect many changes, particularly with respect to his or her finances. When preparing for a divorce, it is important for people to plan for how the separation might affect their financial situation. Spending some time thinking about the financial future can be a huge help to people preparing for their lives post divorce. When getting a divorce, it can be important for each spouse to prepare a budget that plans for his or her new financial situation. Sometimes when couples ...

Icy Sidewalks Bring Lawsuit Risk for Missouri Homeowners

2013-01-12

Icy Sidewalks Bring Lawsuit Risk for Missouri Homeowners Winter is on its way, and that means that cold temperatures, snow and freezing rain will soon be facts of life for St. Louis residents. With this comes the risk of slipping and falling on an icy sidewalk. Nearly everyone has fallen on the ice at some point in their life. In most cases, the worst consequences are wet pants and a bruised ego. However, slip and fall accidents also have the potential to cause very serious injuries. Falling on an icy sidewalk could result in bone fractures, joint damage, back injuries, ...

Bomar's New SMP Interface System Boasts Superior RF Performance from DC to 40 GHz

2013-01-12

Bomar Interconnect Products, Inc. expanded their RF connector offering with the introduction of the new SMP Interface System. The robust, multi-functional, system is commonly employed in a wide range of subminiature, high frequency coaxial cable-to-board and board-to-board applications. Engineered to securely mate and maintain performance through 40 GHz, the 50-Ohm subminiature devices additionally feature a VSWR of 1.18 max at 40GHz. SMP male PCB connectors are available in vertical surface mount, vertical surface mount through-hole (for extra board retention), and in ...

Jo Ann Koontz Reappointed to Realtor-Attorney Joint Committee

2013-01-12

Attorney and Certified Public Accountant Jo Ann M. Koontz has been reappointed to the Board of Directors of the Realtor-Attorney Joint Committee of the Sarasota County Bar Association and the Sarasota Association of Realtors. She will serve another two-year term. Koontz is owner of Koontz & Associates, PL, a law firm focusing on residential and commercial real estate transactions, federal and state tax law and business law. She also serves on the Human Services Advisory Council, an advisory board for Sarasota County, and is co-chair of the Bar Association's Real ...

Brookfield to Release Highly Upgraded, Eco-Friendly Model Homes at Rockrose This Weekend

2013-01-12

Rockrose, Brookfield's community of detached, eco-savvy homes in Carlsbad, is nearing sell-out. This weekend, the builder will release its final residences—three model homes with designer and eco-friendly upgrades inside and out. Model homes are priced from $724,900. "The models at Rockrose have handsome upgrades such as wrought iron staircases, designer selected wood or tile flooring and fully-landscaped yards that make them absolutely stunning," said Debby King, director of marketing for Brookfield Homes. "On top of that, these homes are loaded with ...

Court Gives Marital Rights to Out-of-State Domestic Partnership

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: