Georgia Court of Appeals Says Lesbian Mom Will Continue to Have Primary Custody of Daughter

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"It means custody arrangements can't be challenged just because a parent is gay or lesbian."
September 28, 2006

(Atlanta, Georgia, September 28, 2006) — In a decision handed down yesterday, the Georgia Court of Appeals ruled that a parent’s custody or visitation rights cannot be limited just because that parent is gay or lesbian, and lives with their partner, when there is no adverse effect on the child.

“This is really great news for our client and gay and lesbian parents in Georgia,” said Jack Senterfitt, Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta. “It means custody arrangements can’t be challenged just because a parent is gay or lesbian.”

Victoria Moses and Kelvin King had a daughter together. After the couple split, primary custody of the child was awarded to Moses. After Ms. Moses’ partner moved into her home, King sued to change custody. A lower court did so, even though King had not paid child support for over a year and a half. Since the mother’s relationship had no adverse effect on the child, the Court of Appeals reversed the lower court and said that the mother’s custody rights should never have been changed.

The case is Moses v. King. To read the decision visit


Jackie Yodashkin: 212-809-8585 ext. 229

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.


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