The Oklahoma Supreme Court ruled 8-1 in Schnedler v. Lee, 2019 WL 2588577, 2019 Okla. LEXIS 49 (June 25, 2019), that “a non-biological same-sex parent stands in parity with a biological parent,” and that once standing requirements are met, “the court shall adjudicate any and all claims of parental rights – including custody and visitation – just a the court would for any other legal parent, consistent with the best interests of the child.” … <Read More>
Oklahoma Supreme Court
Oklahoma Supreme Court Uses “In Loco Parentis” Doctrine to Find Co-Parent Standing for Lesbian Mom
The Oklahoma Supreme Court has unanimously ruled that a woman who spent ten years raising a child with her former same-sex partner can use the equitable doctrine of “in loco parentis” to achieve standing to sue for custody or visitation of the child. Ramey v. Sutton, 2015 OK 79. The November 17 opinion, written by Justice Joseph M. Watt, drew on the U.S. Supreme Court’s June 26, 2015, marriage equality decision, Obergefell v. Hodges, … <Read More>
Lesbian Co-Parent Has Standing to Enforce Co-Parenting Agreement in Oklahoma
Oklahoma now has same-sex marriage, courtesy of the federal courts, so perhaps the Oklahoma Supreme Court’s historic ruling on November 12 in Eldredge v. Taylor, 2014 OK 92, will have only transient significance, but it is nonetheless noteworthy, if only because of the court’s somewhat unusual ruling that a written co-parenting agreement between cohabiting partners can give a non-biological parent standing to seek a declaration of her parental rights after her relationship with the birth … <Read More>