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In re S.J.L. and J.K.L.

Status: Closed Approximate
Outcome:
Victory
Court:
Ohio Eighth District Court of Appeals

Case seeking custodial rights for a non-biological mother whose ex-partner used Ohio's constitutional amendment in an attempt to have her barred from seeing her children.

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Rita Goodman and her former partner, Siobhan LaPiana, were in a committed relationship for 10 years. During that time, the couple had two children. LaPiana gave birth to the children but both women parented the boys equally. The women drafted and signed a parenting agreement before the birth of their first child, detailing their intent to share all responsibilities of parenthood. After the couple split up, LaPiana began restricting Goodman's interaction with her children. Goodman went to court and a Cleveland trial court ordered shared custody of the boys for Goodman and LaPiana. LaPiana appealed, arguing that Ohio's antigay constitutional amendment prevents courts from ordering shared custody to lesbian former partners and that the court's order infringed on her right to autonomy as a parent. Lambda Legal represented Rita Goodman. We successfully argued that Ohio's antigay constitutional amendment has no impact on Ohio courts' authority to order shared custody between former same-sex partners. Additionally, the appeals court agreed with us that because LaPiana agreed to co-parent her children from birth, it is constitutional for courts to step in to protect the children's bonded relationship to their second parent.