Michigan woman passes legal hurdle in same-sex custody case

Michigan’s Wayne County Circuit Judge Kathleen McCarthy ruled that Renee Harmon’s [right] request for parenting time with her ex-partner of 19 years, Tammy Davis [left], can proceed to an evidentiary hearing to determine if they had an agreement to share custody of the children. During the relationship, Davis had three children through artificial insemination. Harmon said she cut the children’s umbilical cords, helped raise them and, in all respects, was a parent.

From Freep.com:

Harmon, 48, of Trenton and Davis, 39, of Grosse Ile broke up in 2008. After they split up, Harmon said, she had joint custody for 13 months until last September when Davis’ new live-in partner told Harmon she could no longer see the children. Harmon forced her way into her former home, prompting Davis to obtain a personal protection order that prevents Harmon from having any contact with Davis or the children.

Davis counters that Harmon was not a parent, the children don’t regard her as such, Harmon was verbally and physically abusive and has no legal right to joint custody because Harmon isn’t their biological mother.

Under state law, the only people who can petition for custody are biological parents or the husband of the biological mother if the child was born during their marriage.

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