I was asked today about whether a court would deny overnight parenting time to a parent who, after divorce, is involved in a same-sex relationship with a partner who resides in that parent's home.
As I've said before, every custody and parenting time case will ultimately be decided on its own facts. It is always helpful to know, however, how case law in the State where the parent resides has dealt with this issue. The only reported decision in Michigan is very old. See Irish v. Irish, 102 Mich App 75 (1980). In Irish, the trial court found that a lesbian relationship was detrimental and prohibited overnight visits of partner during parenting time. But I did find a terrific resource online that gives a good overview of how these cases have been resolved more recently.
See BIBLIOGRAPHY OF CUSTODY AND VISITATION CASES INVOLVING DIVORCE FROM A DIFFERENT-SEX
SPOUSE, produced by GLAD [Gay and Lesbian Advocates and Defenders]. This was last updated in October 2005.
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