Same-Sex Child Custody Case Reaches Conclusion

A child custody battle has come to an end in New Mexico this week as the judge ruled against custody in a same-sex partnership. Although the court was decided in the decision-making process, they ruled that there are no laws in New Mexico that give the legal right of the woman asking for custody of a child that was adopted by her partner 15 years ago.

At this time the laws only apply to biological or adoptive parents. Third parties, like the unmarried partner of the adoptive parent, are not able to seek custody.

However, one of the judges, Michael E. Vigil, dissented and said that in cases where a clear parent-child bond has been created, the unmarried partner should be able to seek custody.

The woman was given the right to request visitation with the adopted child.

Do you have questions about child custody? Do you want to seek custodial rights but aren't sure if you are legally eligible?  A Los Angeles family lawyer from Claery & Green can help.  Contact us now!