Sunday, February 22, 2009

Same-Sex "Parenting Time" to be considered in Michigan in the Post-Adoption Context

In an unusual decision by the Michigan Court of Appeals, a lesbian couple who adopted three children in Illinois in 2003, and who are now ending their same-sex relationship, will have the opportunity to present evidence to a family court judge in support of their respective claims for custody and parenting time. The decision is unusual to the extent that the Court of Appeals did not consider the transcript of the arguments made before the lower court because the appellant, representing herself without legal counsel, did not bother to file the transcripts before the appellate court.

Michigan does not recognize same-sex marriages nor can a same-sex couple adopt the same child. This case presents a procedural twist where a family court judge will now have to consider the competing claims of each adoptive parent.

The following link addresses the case in a recent article published in the Chicago Tribune:,0,2545662.story

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