Woman Gets Parental Rights Over Child After Death Of Same Sex Partner
A 39-year-old lesbian from Clay County has been granted parental rights of a child that she was bringing up with her same sex partner before the partner’s death. Tina Burch was granted rights by the West Virginia Supreme Court, where she was recognized as being the ‘psychological parent’ of the child.Burch’s partner, Christina Smarr, was impregnated by a man for the purpose of having a child that she and Burch could bring up together. However, after her death, Christina’s parents fought to stop permanent custody of the child going to Burch.
The court ruled that it would be in the best interest if the child to remain with Burch and give Burch total parental rights given the circumstances. The judge ruled that there was obviously a close relationship between the child and Burch.
The father of the child has also supported Burch’s application for custody, and the judge wrote: "...Tina is eager to legally assume custody and to continue attending to his daily needs, and his biological father, his sole surviving legal parent, readily agrees and enthusiastically consents to such an arrangement."
Topic Added August 25th, 2005
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