Thursday, June 3, 2010

Texas Supreme Court lets stand ruling in favor of nonbio mom

The Texas appeals courts are split on whether a child is entitled to maintain a relationship with a nonbiological mother when the lesbian couple raising the child splits up. Last month I wrote about a terrible decision, but last December a different appeals court ruled that a nonbio mom, K.V., could proceed to trial on her claim for visitation rights with her daughter, M.K.S.

Because of the split among the Texas appeals courts, lawyers for K.V. feared that the Texas Supreme Court would grant review of the appeals court ruling in her favor. Last week, the Texas Supreme Court declined to do so. That means K.V. can proceed to trial on the best interests of M.K.S. and that, at least in some parts of Texas, children of lesbian couples need not lose their relationship with one of their mothers when that couple splits up.


Anonymous said...

Would the Texas Supreme Court ruling force a review of the other appeals court ruling (the one that said the non-bio had no standing to seek visitation)?

Nancy Polikoff said...

It doesn't. The intermediate appeals courts can stay split until the Texas Supreme Court agrees to hear a case on the issue.