Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 4, 2008

Case Law Development: First Same-Sex Partner Custody Case in Montana


According to the Washington Blade, attorneys for both sides call it the first same-sex parental rights trial in Montana:

A district judge on Monday ruled in favor of a Turah woman who sought parental rights to children adopted by her former same-sex partner.  Michelle Kulstad sought joint custody of two children - an 8-year-old boy and a 5-year-old girl - adopted by Barbara Maniaci.  "To discriminate further against Ms. Kulstad because of her sexual preference in this day and age is no different than telling a person to go to the back of the bus because of her skin color," Judge Ed McLean wrote. . . .   McLean said Kulstad was a legal parent, even though Maniaci adopted the two children - the boy in 2004 and the girl in 2006. The judge also ruled that Kulstad must receive joint decision-making authority in the children's lives, including their "education, activities, health care and spiritual upbringing."

Link to full story in Washington Blade here.

(RR last visited October 4, 2008)

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