Custody ruling may affect other cases

Attorneys on both sides say this is not a case about gay marriage. But a legal battle over an ex-lesbian partner's visitation rights could have an impact on rights of unmarried partners, regardless of sexual orientation.

A Utah mother is fighting a district court judge's order to allow her ex-partner visitation rights to the mother's child, whom the former couple planned through artificial insemination.

After a yearlong legal battle, 3rd District Judge Timothy Hanson issued an order last week granting ex-partner Keri Lynne Jones visitation with the 3-year-old girl. In his ruling, Hanson found that Jones, although having no legal bond to the child through marriage or adoption, did meet the legal definition of a parent-child relationship and that visitation is "in the best interest of the child."

That ruling is now pending before the Utah Court of Appeals.

The mother, Cheryl Barlow, appealed and enlisted the help of the conservative Alliance Defense Fund, which "stands up for religious freedom and the rights of parents," said Barlow's attorney, Frank Mylar.

Mylar, who said he is an "allied attorney" with the Alliance Defense Fund, said this case is about the right of a custodial parent to do what she feels is in the interest of her child. In a press release, the Alliance characterized Barlow as a "former lesbian."

"This case is not about gay and lesbian rights," wrote Hanson in a ruling. "This case is not about gay marriage. This case is not about gay adoption. What this case is about is whether or not a child is better off in this rather uncertain world with as many people as possible taking an interest in the child, both financially and emotionally."

Citing the fact that Barlow and Jones planned to raise the baby together and the fact that while five months pregnant, Barlow and Jones went to Vermont to register as domestic partners, Hanson said there was clear evidence that Barlow had intended to parent her child with Jones.

Not only did Jones attend the birth, but her signature is on the child's birth certificate, said Jones' attorney, Lauren Barros.

"This case does involve a parental figure," Barros said. "Keri had the same hopes and dreams that anyone has for their child."

Barros said this case is about the rights of a noncustodial caretaker.

Under Utah law, Barros said, four standards must be met to determine a parent/child relationship: