Custody Forum Shopping for Gay Parents

A Maryland court has told two gay fathers what a Virgina court wouldn’t, that it’s okay for them to live together with their son. You can read about the ruling in the Batimore Sun. The case has been in litigation for four years, dating from the ruling by a Virginia court that awarded custody of a 9 year old child to his openly gay father but ruling that the father couldn’t continue living with his same-sex partner.

After the ruling, the father and his partner sold their house in Virginia and moved to separate apartments in Maryland. After living in Maryland for more than a year. the father asked the Maryland court to review the case, arguing that there had been a change in circumstances. The trial court refused, but the Maryland Court of Special Appeals found a change in circumstances and sent the case back to the trial court, setting up the ruling on Monday to allow the two fathers to move back together.

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