The worries of a homosexual man who shares legal custody of his adopted son with his former partner may be unfounded, according to the opposing attorney. The same-sex custody matter has left one father afraid that he will not be able to interact with his son as he once did because the father with residential custody has been granted permission to move out of state. This is a case that may shed light on interstate custody matters for those living in Ohio. The worried father believes that the state that his child is being moved to is hostile toward homosexuals and will not uphold the current custody status.
The former couple adopted their son in 2004 and ended a decade-long relationship four years later, in 2008. After the split, they shared joint custody of the child while one remained in their New Jersey home and the other moved to New York City. Earlier this year, the father that moved to New York — the one with residential custody of the child — made a request of a judge to allow him and the couple’s 9-year-old son to move to Georgia.
The boy’s father in New Jersey objected to this request, pointing to the fact that Georgia does not recognize adoptions by same-sex couples. He believes that he will not be able to visit his son if the boy is moved there. The judge allowed the request, but has not yet issued her reasoning. The attorney for the father moving to Georgia said that the state’s laws require that domestic relations grants be upheld, even if they are issued by another state.
Another attorney commented on the case, saying that the priority of the case should be focused on what is best for the child, not whether the parents are gay or straight.
Source: North Jersey, “Gay father fearful of losing son to ‘hostile state’ as judge Oks ex-partner’s move to Ga.,” Kibret Markos, Aug. 11, 2012