So, my state (Alabama) is still mired in the dark ages. Why do I say that? Because a friend of mine just lost permanent custody of her child for no other reason than she's a lesbian.
Her ex-husband sued her for custody and won. The court ruled that she's an unfit mother because she lives with another woman and a homosexual household provides "an indecent and immoral environment in which to raise a child."
No, she can't appeal to the State Supreme Court; she lost because of a precedent set in the court several years ago by the biggest homophobe in the south, Roy Moore (who just got reelected as Chief Justice after being removed from office a few years back for refusing to follow a federal court order).
My friend is never going to see her daughter again. Under the terms of the ruling, her ex does not have to let her have any sort of contact or visitation. He's made it clear he intends to keep them apart permanently.
Because of this standing precedent, ANY gay or lesbian individual in the state can lose custody if someone sues them for it. Surely there has to be a way to challenge this idiocy at the federal level!
I'm both in shock and angry over this whole thing.
Mother to one dd
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My only suggestion would be to check with Lambda Legal to see if there are any federal routes available, since the state is clearly useless.
So very sorry to hear this.
My wife (31) and I (33) were married in 2006. We are proud queer mamas to W, born Oct 2013, conceived at home IVI via frozen WTBK donor sperm. Planning on TTC #2 starting in Sept 2015 through the same method. I am/will be the gestational mom.
A, partner to J, mama to O, now with a new username!
Building queer family since 2008!
(and oh, did i mention we're having twins?!?)
so sorry for your friend. . this would break my heart. . I would become one of those stories where the mom kidnaps the kid. . seriously. . I don't think I could handle it. I hope for a legal miracle for her or for a crazy change of heart for her husband. .
Me (39) and DH (FTM 40) and DS 17 months old. TTC# 2 via KD
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