As with other recent decisions of the Supreme Court of Georgia and the Georgia Court of Appeals on family law matters, I will post a summary of the opinion discussed below, but I wanted to share the information from today’s Fulton County Daily Report article on this case:
Law still murky in child custody battles between same-sex couples who have separated
A DIVIDED GEORGIA Supreme Court on Monday sidestepped a case that could have clarified how the law handles custody battles between homosexual couples in which one partner is the biological parent of a child and the other partner has adopted the child.
Without explanation, the court refused to take up a biological mother’s effort to invalidate her ex-partner’s adoption of the mother’s now-7-year-old child. High court rules require that discretionary cases be heard only if at least four of the seven justices agree to take them up.
Justices George H. Carley, Hugh P. Thompson and Harold D. Melton dissented from the decision not to hear the case.
The issue in the case is not whether gay people can adopt—according to the lawyers in the case, Georgia law does not forbid that.