Ohio parents should be aware of a Utah custody case that made national news after officials challenged a court ruling to remove an infant from the home of lesbian foster parents and place her with a heterosexual couple. The Utah Division of Child and Family Services reported that it would fight the ruling if the judge did not rescind the action. According to the agency, the judge went against the recommendation that the 9-month-old girl should be allowed to stay with the married couple from Price, Utah.
In his decision, the judge claimed that research shows children fare better when raised by heterosexual families. The American Psychological Association has countered this assertion, saying that there is no evidence that gay or lesbian parents are unfit based on sexual orientation. The transcript of the court decision was not released, possibly due to the fact that records of court cases involving foster children are often kept from the public record to protect the children. However, the judge subsequently reversed his decision and has since recused himself from the matter.
The governor of Utah expressed confusion over the judge’s initial ruling. He stated that the judge was required to follow the law and discouraged activism on the bench in any capacity. He also added that the judge’s feelings and personal beliefs should not come before his duty to uphold the law.
Same-sexchild custody cases raise many important issues in the wake of the June 2015 U.S. Supreme Court decision ruling same-sex marriages legal across the country. Other issues that remain to be fully resolved include same-sex adoption and divorce. A person who is in a same-sex relationship may want to obtain the advice of a family law attorney when confronted with these types of matters.