A Family in Jeopardy

Lambda Legal is representing Rita Goodman, a nonbiological mother who was awarded shared custody of the two boys she parented from birth with her former partner. Goodman’s ex–partner and the boys’ biological mother, Siobhan LaPiana, appealed the trial court order that awarded Goodman custody. Goodman and LaPiana planned the boys’ births together during their ten–year committed relationship. LaPiana gave birth but both women equally parented the children. After the couple split, LaPiana began restricting Goodman’s interaction with the boys, despite the parenting agreement they had drafted and signed before the birth of their first child. We argue that Ohio’s antigay constitutional amendment has no bearing on the court’s authority to order shared custody between former same–sex partners — the same conclusion reached by the Ohio Supreme Court in a similar case last year.

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Original source : http://gay_blog.blogspot.com/2009/03/family-in-jeo…

Lawers argue Ohio Constitution bans gay co-parenting

(Cleveland, Ohio) Despite a ruling by the Ohio Supreme Court that the state’s constitutional ban on same-sex marriage does not automatically bar same-sex partners from co-parenting rights, a second case has made its way to an appeals court.

Rita Goodman and her then-partner Siobhan LaPiana planned to have a family. LaPiana …

Lambda Legal Defends Lesbian Mother in Ohio Custody Matter – ‘These children have a right to the love and support of both parents.’

(Cleveland, Ohio, January 21, 2009) — In court papers submitted in the Ohio Eighth District Court of Appeals, Lambda Legal defended a lesbian mother in her fight to continue to parent her 11 and 8 year old sons.
“These children have a right to the love and support of both of their parents,” said Camilla Taylor Senior Staff Attorney in Lambda Legal’s Midwest Regional Office in Chicago. “The Ohio Supreme Court already has said that Ohio’s antigay constitutional amendment does not prevent a same-sex couple from sharing custody of the children they are rearing together. We shouldn’t have to address this hurtful and discriminatory argument any longer. The trial court below in this case did the right thing by focusing on the needs of the children, and awarding shared custody to these women based on more than a century of Ohio case law allowing such orders.”
Lambda Legal represents Rita Goodman in her pursuit to continue to parent her two sons. Goodman and her former partner Siobhan LaPiana were in a committed relationship for 10 years. During that time the women planned and had two children. LaPiana gave birth to the children but both women equally parented the boys, who love and rely on both of them as their mothers. Before the birth of the first child, Goodman and LaPiana drafted and signed a parenting agreement detailing their intent to share all responsibilities of parenthood. After the couple split, LaPiana began restricting Goodman’s time with the boys. In February 2007, Goodman filed a lawsuit, and in August, 2008, the trial court ordered visitation for Goodman. LaPiana appealed, arguing, among other things, that Ohio’s antigay constitutional amendment prevents courts from entering orders permitting former lesbian partners to share custody, and that the court’s order unconstitutionally infringed on her right to autonomy as a parent.
Lambda Legal argues that Ohio’s antigay constitutional amendment has no impact on Ohio courts’ authority to order shared custody between former same-sex partners. Additionally, Lambda Legal argues that because LaPiana agreed to co-parent her children from birth with Goodman, it is constitutional for courts to step in to protect the children’s bonded relationship to Goodman.
On December 31, 2008, in the Lambda Legal case, In re J.D.F., the Ohio Supreme Court rejected a similar effort by a woman in a custody dispute with her former partner to use Ohio’s antigay constitutional amendment as a weapon to sever the parental relationship between her child and her former partner.
“This has always been about my sons and making sure they can rely on both of their parents. I made a promise to take care of them always — and I’m just trying to make good on that promise,” said Lambda Legal client Rita Goodman.
Lambda Legal represents Rita Goodman along with cooperating attorney Pamela J. MacAdams, of
Camilla Taylor, Senior Staff Attorney is handling the case for Lambda Legal. She is joined by co-counsel
Pamela J. MacAdams of Morganstern, MacAdams & DeVito Co., LPA, in Cleveland, Ohio.
The case is In re S.J.L. and J.K.L.

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Original source : http://gay_blog.blogspot.com/2009/01/lambda-legal-…

Ohio Supreme Court limits impact of gay marriage ban

(Columbus, Ohio) The Ohio Supreme Court has let stand an appeals court ruling that said the state’s constitutional amendment banning same-sex marriage cannot be used to terminate a child custody agreement between partners.

“The Court has expressly shut down arguments that Ohio’s antigay amendment impacts parenting and child custody relationships, rights, …

Ohio Supreme Court Allows Custody Decision to Stand in Lambda Legal Case Representing Lesbian Mother

‘The Court has expressly shut down arguments that Ohio’s antigay amendment impacts parenting and child custody relationships, rights, and responsibilities’

(Columbus, OH, January 5, 2009) –The Supreme Court of Ohio last week let stand an appeals court ruling affirming the enforceability of a court-approved child custody agreement in a case involving lesbian mothers.

“The Court has expressly shut down arguments that Ohio’s antigay amendment impacts parenting and child custody relationships, rights, and responsibilities,”said Camilla Taylor, Senior Staff Attorney in Lambda Legal’s Midwest Regional Office in Chicago. “The Court correctly declined an invitation to treat gay and lesbian Ohio parents differently from other families, and to deprive the children of these families of the protections and support other children receive.”

Lambda Legal represents Therese Leach in her fight to uphold a court-approved joint custody agreement signed by both her and her former partner, Denise Fairchild, in 2001. After their son was born in 1996, both women parented him. In order to ensure that Therese had a protected legal relationship with the child, the two women signed a joint custody agreement. Such agreements were approved by the Ohio Supreme Court in the 2001 In re Bonfield case in which Lambda Legal participated.

The Supreme Court decision comes after Fairchild argued, at a trial court, and the Ohio Court of Appeals for the Tenth District, that Ohio’s antigay constitutional amendment limiting marriage to a man and a woman invalidated the court approved custody agreement she originally sought with Leach. All three courts brushed aside Fairchild’s arguments, ruling that court-approved custody agreements cannot be ignored or unilaterally undone by one of the parents. In July 2008, Fairchild asked the Ohio Supreme Court to hear her case, and Lambda Legal urged the Court to refuse. Today’s order from the high court is the final word on the matter.

The case is In re J.D.F.

Camilla Taylor, Senior Attorney in Lambda Legal’s Midwest Regional office in Chicago is lead counsel on the appeal. She is joined by co-counsel LeeAnn Massucci of Massucci & Kline LLC and Thomas Schmidt of Gahanna, Ohio.

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Erin Baer 212-809-8585 ext 267; Cell: 646-752-3251

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.