US: Lesbian entitled to see children

US: Lesbian entitled to see children

In a recent decision of the Montana Supreme Court in Kulstad v Maniaci, Ms Kulstad and Ms Maniaci had been together for about 10 years before they split up.

During the course of their relationship, Ms Maniaci had adopted two children. Ms Kulstad wanted to be involved in their care and to see them. Ms Maniaci sought that she not do so, asserting that as she was the only legal parent that Ms Kulstad had no right to be involved.

It appeared that the evidence was that despite Ms Maniaci’s efforts post-separation, the children were bonded well to Ms Kulstad. Ms Kulstad had not been able to adopt the children because Montana law prohibited same sex adoptions.

The court held that Ms Kulstad could continue to have contact with the children as she had performed the role of a de facto parent, and that she would be jointly responsible for parenting decisions for the children.

For more about the case, click here.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Ireland Surrogacy Update: New Laws, New Restrictions, New Hope

Ireland has finally taken a major step into the modern world of family creation. With the passage of the Health Assisted Human Reproduction Act 2024, Irish citizens now have something that was missing for far too long: a legal pathway to surrogacy at home. That is no small thing. For intended parents in Ireland, this… Read More »Ireland Surrogacy Update: New Laws, New Restrictions, New Hope

Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Hugh Jackman’s reported decision not to sign a pre-nuptial agreement with Sutton Foster has generated plenty of media attention, and for good reason. When a person has substantial wealth, children from an earlier relationship, and is entering a new relationship later in life, the question of asset protection becomes more than celebrity gossip. It becomes… Read More »Hugh Jackman Won’t Sign a Pre-Nup — Here’s Why That Matters

Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Some events stay with a person long after the music fades, the costumes are packed away, and the sore feet finally recover. For Stephen Page, marching in the Sydney Gay and Lesbian Mardi Gras with his husband Mitchell and their daughter Elizabeth is one of those experiences. This was his fourth time marching, and by… Read More »Marching for Rainbow Families at Sydney Mardi Gras: A Gay Dad’s Story

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board