I'd written earlier in December of the Rhode Island couple who married in Massachusetts but were denied the right to a Rhode Island divorce. This case has been re-filed in a court with wider jurisdiction in the hope that Rhode Island will recognize their legal marriage.

In reading The Washington Post article about same-sex marriage and divorce, I've come to realize the thorny divorce situations these people endure. One Massachusetts couple is finding child custody a major hurdle in their divorce. These women split after a three-year marriage and it was assumed by the bread winner, a doctor, that she and her ex would divide the marital property and jointly parent their two children.

The stay-at-home spouse wants sole custody and intends to move the children out of state. Adding to the dilemma is the fact that this doctor and her female spouse, each gave birth to one child, fathered by the same sperm donor. They each adopted the other's sons, who are legally full brothers.

What is a court to do when both filed a petition, as the mother of the children, requesting full custody? Courts have a natural inclination to place children with the mother, but here we have two biological mothers.

I don't think the court should award sole custody to either mother. This is an ideal case for joint custody with the proviso that neither would move a great distance from the present family home. This action is still being litigated. Pending a final settlement and decree, the court imposed an extraordinary temporary living arrangement. The mothers can each spend half the week alone in the family home with the children.

Stay tuned — we'll be following up with discussion of some of the other issues same-sex divorcing couples face.

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