Kentucky Appeals Court reverses trial court ruling against lesbian mother
Beyoned (Straight and Gay ) Marriage by Nancy Polikoff – October 19, 2012
It still happens today. Lesbian mothers lose custody of their children to their ex-husbands because they are lesbian. Hard to believe, in this era when conservatives often support civil unions — just not marriage — for same-sex couples. But it’s true.
And that’s what happened to Angela Maxwell and her three children earlier this year when a Hardin County, Kentucky judge awarded sole custody to the children’s father, Robert. The judge also limited Angela’s time with the children and said neither parent could live with a nonmarital partner while the children were with that parent. For more than a year before the trial, the children who were about 14, 12, and 6, had been alternating weeks between the two parents. That temporary arrangement included a prohibition on unrelated guests spending the night when the children were there, so it appears that Angela was not living with her same-sex partner, Angel. At the custody trial, Angela asked that the joint custody continue and that the overnight restriction be lifted.
The trial judge was not subtle about the reason he awarded sole custody to Robert. “The [mother] is seeking to live an unconventional life-style that has not been fully embraced by society at large,” the judge ruled, “regardless of whether or not same-sex relationships should or should not be considered sexual misconduct. Like it or not, this decision will impact her children in ways that she may not fully have considered and most will be unfavorable.”
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