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Mothers Seek Legal Protection For The Child They're Raising; Lambda Legal Asks Appeals Court To Follow Ohio Law and Protect Lesbian Couple's Relationship With Their Child
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Lambda Legal looks to affirm Ohio State Supreme Court's earlier decision approving shared custody agreements for gay and lesbian parents
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(Cincinnati, July 12, 2004) - Lambda Legal will ask an Ohio appeals court Tuesday to follow state law and allow a lesbian couple to legally protect their relationship with the child they are raising together.
“Same-sex couples need to be able to protect their families, which often requires creating a patchwork of legal documents that provide a fraction of the security that they need. Families are put in even more jeopardy when courts refuse to apply laws already in place to help them,” said Heather Sawyer, supervising attorney in Lambda Legal’s Midwest Regional Office who is litigating the case.
Lambda Legal represents Cheryl and Jennifer McKetrick, a lesbian couple who were denied a shared custody agreement for their child, “Baby J,” by a Warren County court last year. Breaking from legal precedent, the lower court found that because Cheryl and Jennifer might provide some security for “Baby J” through other documents like powers of attorney or wills, the court didn’t need to approve a formal custody agreement.
“The judge made a mistake. Cheryl and Jennifer are loving parents and ‘Baby J’ is thriving in their care. But an agreement like this assures them the security and protection every family needs. The patchwork of other documents suggested by the court does not excuse its refusal to allow them to have the formal agreement they want and need. Ohio law clearly favors custody agreements like this one, and we’re going to ask the appeals court to correct the judge’s error and let this family protect their child,” Sawyer said.
Lambda Legal will argue tomorrow that Ohio has a long history of allowing voluntary shared custody agreements. As recently as 2002, the state’s Supreme Court recognized the harm caused to children when there is no legal relationship with a parent. The Court ordered that the best interest of the child should be the guide in establishing shared custody agreements. Sawyer is lead counsel on the case for Lambda Legal. She is joined by co-counsel Sallee Fry and Sherry Davis of Cincinnati and Lisa Meeks of Newman & Meeks, Co., LPA in Cincinnati.
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