Posted on 08/28/2002 9:36:40 AM PDT by RCW2001
COLUMBUS, Ohio Aug. 28 — The Ohio Supreme Court on Wednesday rejected a lesbian couple's claim that both women are parents of each other's children, but said a juvenile court may decide whether to grant the women's request for equal custody.
In a 5-2 decision, the court sent the case back to the Hamilton County juvenile court that first rejected the request of Teri Bonfield and Shelly Zachritz.
It said the juvenile court has jurisdiction over deciding the custody of any child who is not a ward of the court, and can therefore determine whether the request is in the children's best interest.
However, Chief Justice Thomas Moyer wrote in the majority's opinion that the women can't be considered parents of each other's children because under Ohio law, "parent" typically includes only the biological or adoptive parent.
The couple's attorney, Sallee Fry Waterman, praised the decision.
"The court is saying you don't need to be considered a parent to have shared custody of a child," Waterman said. "The decision advances a need for courts to determine what's in the children's best interest regardless of the adult's title and to recognize nontraditional families in custody decisions."
The suburban Cincinnati couple have been together 14 years.
Bonfield adopted two sons in 1996. Using artificial insemination, she gave birth to a son in 1996, and then to boy and girl twins in 1998. Zachritz later gave birth to a son by artificial insemination.
While Bonfield is the natural or adoptive mother of five of the children, the couple said, Zachritz has been the primary caregiver and the children consider her their parent.
The couple say each woman needs legal custody of the six children in case they separate or one of them dies, and sought to "confirm their commitment that they will both continue to raise the children regardless what happens to their relationship," according to court records.
A juvenile court magistrate ruled the court didn't have jurisdiction to grant the couple's request because Ohio law does not recognize same-sex parenting. An appeals court upheld the decision.
Right. Good loving parents who refused their kids their fathers. Nice.
Ummmm, their fathers released their sperm into a cup for chump change....I think they knew they wouldn't know their biological children.
The point, which I believe you miss is this: Moms created kids on purpose without fathers. That's incredibly wrong and selfish. The fathers created kids without ever intending to love them, to care for them, or to raise them. That's incredibly wrong and selfish.
You want the state to decide who is qualified to be a parent? Great...
Again you miss the point. Your Mom did not deliberately bring you into this world without a dad. These moms did. I believe (along with millions of others) that kids should have a mom and a dad. (You know, the kind that are real, that love and protect and cherish and teach and guide their kids.) These moms decided that they would bring kids into the world, knowing full well that those kids would never have real dads. That is incredibly selfish. Yes, they suffered pain in delivery. Does that mean they are less selfish for denying their kids dads? Of course not. That would be like my saying that because I work hard to provide my kids a house, it's alright to not give them enough food. There's a new thing in our country today, where anybody thinks they are virtuous for bringing kids into this world without a mom or a dad. That's really, really sad. Most especially to the kids involved. I don't know for sure, but I would guess that you often missed having a loving dad help raise you. I know I appreciated mine tremendously, and love him greatly now.
Being a Biker is reason enough to leave your spouse???
Guess I better tell my Grandkids their Grandma has been wrong all these years...
You may not have missed him. Did you miss having a loving father in your life?
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