Kentucky supreme court rules against lesbian in child custody dispute

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)

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