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Pennsylvania
Court Upholds
Lesbian Parent
Ruling
by 365Gay.com
from the Web,
September 27,
2005
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Philadelphia, Pennsylvania --
The Superior Court of Pennsylvania Tuesday upheld a lower court ruling that
awarded custody of twins to a lesbian mother, ruling that she would provide a
better home than her ex-partner, the children's biological parent.
"We believe that the record supports a finding by clear and convincing evidence
that the bests interests of the children are served by granting primary physical
custody to Jones, for a number of reasons discussed in the trial court's
opinion," the three judge panel stated in a unanimous opinion.
The lower court ruled that Ellen Boring, the children's biological mother,
failed to provide a stable home and awarded full custody to her former domestic
partner Patricia Jones.
Boring appealed the ruling to the Superior Court.
The women were partners for 14 years. During that time they planned a
family resulting in twins for whom both Jones and Boring served as caregivers.
After splitting up in 2001, the trial court found that Jones had parental rights
to the children and awarded joint custody to both mothers, with primary physical
custody being given to Boring.
Later, Jones filed for primary physical custody of the children citing what was
described as "Boring's history of contempt in observing the visitation schedule"
set by the court, her attempts to remove the children from Pennsylvania, and
Boring's "poor parenting skills and their harmful, destabilizing impact on the
children."
The court found "convincing reasons" that being in Jones' custody would be in
the best interest of the children and awarded her primary physical custody.
In her appeal Boring contended that as the children's biological mother and
former primary custodian, the children cannot be removed from her custody
without a finding she is unfit.
While this is the first known case of children being removed from their birth
mother and awarded to a same-sex domestic partner Pennsylvania's Supreme Court
ruled in 2001 that a same-sex partner has the same rights as courts apply to
other families.
"We are pleased to see that the court kept its eye on the prize -- the
children's best interests and granted primary physical custody to the parent who
is best able to provide a stable and loving home, regardless of biology," said
Alphonso David, Lambda Legal Staff Attorney who argued the case before the
court.
"This means that even though there is often just one biological parent in
families headed by same-sex couples, biology alone does not trump the best
interests of the child."
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