The Kentucky
supreme court has unanimously ruled against a
lesbian seeking joint custody of a child she helped
raise with her former partner. Chief Justice Joseph
Lambert, who wrote the opinion, maintained that Brenda
Fawbush was not the primary caregiver.
Over a six-year
period, Louisville residents Fawbush and Teresa Davis
raised the girl, who was a newborn when they brought her
home from the hospital. Three years ago, the couple
split up, and Davis, who had legally adopted the girl,
took her and cut off contact with her former partner.
Fawbush sued, seeking visitation and joint
custody rights, but the Kentucky court ruled
against her. The justices warned in the ruling
that Kentucky law could affect all nontraditional
caregivers, such as grandparents who raise a child
when a mother cannot. The 7-0 vote upholds a
lower court decision, which said that although Fawbush was
the primary breadwinner, she was not the primary caregiver.
According to the court, under Kentucky law she
has no standing to seek custody or visitation. (Sirius
OutQ News)
