Thursday, August 29, 2002
Ohio high court rules for joint child custody for domestic partner couple
A story published today by the Cincinnati Enquirer reports that the Ohio
Supreme Court ruled Wednesday that same-sex couples who want to share parental rights can petition the courts for joint custody even though only one of them can be considered a parent.
The high court determined that Shelly M. Zachritz from Hamilton county, does not fit the definition of a parent under state law because she is not the biological or adoptive parent of her partner's children.
However, justices said, Ms. Zachritz is eligible for joint custody because the law recognizes "an adult's commitment to a child, and that adult's right and responsibility to continue that commitment."
Sallee Fry Waterman, Ms. Zachritz's attorney, called the 5-2 ruling a victory.
"The decision advances a need for courts to determine what's in the children's best interest, regardless of the adult's title and to recognize nontraditional families in custody decisions," she said.
The case will be returned to Hamilton County Juvenile Court for consideration of joint custody.
In 1999, Ms. Zachritz petitioned the Hamilton County Juvenile Court for shared parenting rights of Teri J. Bonfield's five children. Since the start of their relationship in 1987, Ms. Bonfield adopted two boys and gave birth to a son and twin girls. Ms. Zachritz participated in the planning and adoption of the children and acts as the children's primary caregiver.
