Same Sex Custody Case in Supreme Court

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The Kentucky Supreme Court has under submission a custody case involving same sex parents. Discretionary review of B.F. v. T.D. was granted 11/16/05. The respondent  is represented by Franklin Jewell, a candidate for circuit Judge. Movant is represented by Bryan Gatewood and Courtney Joslin, pro hac vice. Ms. Joslin is associated with the National Center for Lesbian Rignts. After failing to conceive a child through artificial insemination, the committed couple adopted M.D., but because Kentucky law does not permit joint adoption by same-sex couples, only T.D. adopted the child. Even though B.F. was the child's primary financial provider, the Court of Appeals affirmed Judge Kevin Garvey's decision that she did not have standing to assert custody becasue she was only one of two caregivers and only a primary caregive has standing as a defacto custodian. Oddly, the court of appeals identifeid the parties only by initials because it is a child custody case. The supreme court has accelerated the case. It has been fully briefed and oral arguments have already been held. Justice Johnstone's monthly reports in the Louisville Bar Association Bar Briefs of cases that had been accepted for discretionary review did not mention this case. I found it quite by accident preparing for the LBA Annual Domestic Relations seminar.

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