A new day coming? Lesbian has standing to seek co-parenting in Wayne County

Wayne County Circuit Judge Kathleen McCarthy ruled last Friday--a ruling that could have broad and precedent-setting legal consequences--that a Downriver woman has standing in her suit to get joint custody of three children she says she raised with the biological mother. The biological mother's attorney says he will ask for a stay and will appeal. If the decision stands up on appeal, it would be the first time gays, lesbians and unmarried heterosexuals in Michigan would have legal standing to obtain joint custody.

Dana Nessel, Renee Harmon's lawyer, said Friday that "This is a historic moment . . . Judge McCarthy's ruling really ushers us into the 21st Century."

Judge McCarthy's decision on Harmon's request for parenting time with the children she and her ex-partner of 19 years, Tammy Davis  allows Harmon to proceed to a hearing July 21 to determine whether she and Nessel had an agreement to share custody.

If an agreement existed, which Harmon's lawyers said they can easily prove, McCarthy likely will grant joint custody, the lawyers predicted.

See Detroit Free Press article "A landmark gay custody battle: Judge says ex can see kids, too" here.