Co-Custody Agreements • Same Sex Custody Litigation
The laws of Ohio have not caught up to reality when it comes to two women (or two men) raising a child together. Same sex custody matters are handled in juvenile court, rather than family court. The terminology and legal standards are markedly different. And the court rulings are varied.
The Craig P. Treneff Law Office has significant experience in this evolving area of the law. We welcome clients of the gay, lesbian, bisexual and transgender (GLBT) community, namely lesbian couples seeking to formalize co-custody or former partners at odds over custody and visitation rights. (Although more rare we would also represent gay men seeking shared custody.)
Our lawyers practice in the Columbus area and surrounding counties of central Ohio. Contact us today for sound legal representation and non-judgmental advocacy.
Co-Custody Agreements to Acknowledge a Partner
The state of Ohio does not legally recognize same sex marriage or domestic partnerships, and therefore does not recognize the same sex equivalent of stepparent adoption. That leaves an imperfect solution known as a co-custody agreement, which asserts the same rights and responsibilities of a natural or adoptive parent. It usually stipulates that if the birth mother dies, or if the partnership ends in a "divorce," the non-biological co-parent will maintain standing for custody or visitation.
Attorney Craig Treneff has 25 years of experience in family law, and works hard to stay abreast of developments in GLBT law and parental rights. He carefully drafts the co-custody agreement to comply with guidelines of the court and to withstand legal challenges from a biological father or extended family member who might assert custody rights.
Co-Custody Litigation
We have represented either partner when the relationship ends and the biological mother claims exclusive custody rights. If there is a co-custody agreement, Ohio courts have tended to honor some form of continuing relationship with the child. If there is no such agreement, the non-biological mother can sue for "companionship," the juvenile court equivalent of custody or visitation.
Under the same law that governs third party custody by a grandparent or relative, the legal standard is unsuitability (i.e., is the "other mom" unfit to parent?) Unsuitability also includes the issue of whether the biological mom waived her exclusive parenting rights. However, the courts must use a best interests of the child standard in settling these cases.
To establish co-custody rights or to find out where you stand in a child custody dispute, call our Westerville office at 866-829-0717 or contact us online.
