September 04, 2004

Indiana Law - More on same-sex custody case in Noblesville

"Judge: Adoptive mom must give up son" is the headline to today's Indianapolis Star report on the outcome yesterday of the same-sex custody case heard in Hamilton Superior Court 2. Some quotes:

In a test of Indiana law, a judge said Friday an adoptive mom must hand over her son to his biological mother's parents despite a prior court order giving her custody.

Hamilton Superior Court Judge Bernard "Buddy" Pylitt said he would restore temporary custody to Nancy Lafferty, however, if she returns to live in Central Indiana.

Pylitt's decision after a four-hour hearing in Superior Court 2 partially resolves a custody challenge from biological mother Jill Wihebrink, an Indiana resident and Lafferty's former domestic partner.

The larger issue of permanent custody, and how Indiana's family law will address the nontraditional relationship of same-sex parents, still looms. * * *

Pylitt said he would schedule another hearing after Wihebrink's release from prison in January to decide a permanent custody arrangement.

Access yesterday's ILB entry here (or simply scroll down).

Posted by Marcia Oddi at September 4, 2004 07:23 AM