Friday, August 06, 2004

Missouri Custody Case 

While Missouri voters were busy approving a constitutional amendment to ban gay marriage, a Missouri Appellate Court was busy ruling that a lower court made a mistake when it determined that Rachel Dickens could only have visitation rights with her daughter during times when Dickens' would not be sharing her bedroom with her female partner, Ty Ruth.

The court further declared that there was no evidence showing that the mother's relationship with Ruth would have any negative impact on the child, and that the lower court needed to revisit the entire custody decision given that it was unclear how much weight the lower court had given to the Dickens' sexual orientation in making the original custody determinations.

The opinion was written by Presiding Judge Booker T. Shaw, with Judges Kathianne Knaup Crahan and Patricia L. Cohen concurring. No dissent.

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Posted by Beth Henderson at 1:33 PM