Source: Missoulian, Associated Press via Missoulian
Missoula, Mont. -- A district court judge ruled Monday that a woman should share custody of children she raised for years with a same-sex partner, who then sought sole custody when the relationship ended.
Michelle Kulstad went to court to seek joint custody of two children -- an 8-year-old boy and a 5-year-old girl -- adopted by Barbara Maniaci.
Kulstad testified last week that she provided for the children's physical, psychological and developmental needs on a day-to-day basis and "made a commitment to both of them that I would always there to be their parent."
In his order, District Judge Ed McLean recognized Kulstad as a legal parent, even though Barbara Maniaci had legally adopted the two children, the Missoulian reports.
"To discriminate further against Ms. Kulstad because of her sexual preference in this day and age is no different than telling a person to go to the back of the bus because of her skin color," McLean wrote.
The "significant ruling" confirms the rights of children to share in the lives of both parents, said Scott Crichton, executive director of Montana's ACLU chapter, and is a milestone in the quest for equal rights, the Missoulian reports.
"This shows that gay parents are every bit as qualified to care for their children" as straight couples, Crichton said.
The judge ruled Kulstad must receive joint decision-making authority in the children's lives, including their "education, activities, health care and spiritual upbringing."
"We are very pleased with the court's order, and I'm very pleased for Michelle and the children," said Susan Ridgeway, an attorney representing Kulstad. "We looked at this as a parental rights case, and really just applied existing Montana law, which says you must view parental rights from a child's perspective."
Attorneys for both Kulstad and Maniaci said the same-sex parental rights trial is a first in Montana.
"They should be allowed to just be children," Kulstad said in a statement, "and to know that we both love them, even though we aren't living together any more. They need to know that it's OK for them to love both of us."
Kulstad presented her case Thursday, saying that she and Maniaci were in a committed relationship for about 10 years. She said they two were living together in Turah, a small town near Missoula, when they decided Maniaci would adopt the young boy in 2004 and the girl in 2006.
Kulstad said she was not listed on either child's adoption records because it is illegal in Montana for same-sex couples to adopt, Associated Press reports.
She said the couple decided Maniaci would be the adoptive parent because Kulstad was working full-time and Maniaci would be able to spend more time with the kids. She added that Maniaci later created a will that gave her guardianship if anything happened to Maniaci.
After their relationship deteriorated, Maniaci moved out with the children and later filed a restraining order against Kulstad, AP reports.
Maniaci was represented in the case by the right-wing anti-gay legal group Alliance Defense Fund (ADF).
Austin R. Nimrocks, senior legal counsel for ADF, claimed at trial that Maniaci paid the cost of the children's adoption, nurtured them and is their "fit, natural parent."
"Undermining the rights of fit parents harms families and children," Nimrocks said. "A natural parent who has never been declared unfit as a parent has the right to prevent access to her children by legal strangers."
He argued that Maniaci is now married and is being "prevented from raising her children with her husband in the way they see fit."
A psychologist who conducted the women's parenting evaluation for the court later testified that the children have an important attachment to both Kulstad and Maniaci. The psychologist cited American Psychological Association studies that say no significant differences exist between children raised by same-sex parents and those raised by heterosexual parents, the Missoulian reports.
In his 48-page decision, McLean rejected Maniaci's argument and ruled that it was in the best interest of the children for their parent-child relationship with Kulstad to continue. He found that Kulstad raised the children with Maniaci and provided for them financially. The court also noted that the children recognized Kulstad as a parent and have a constitutional right to that relationship.
Source: Court: Same-sex parent has custody rights | Missoulian
Trial under way in same-sex parental rights case | Missoulian (AP)