Catchick Law » Family Law

Child Custody Battle to Impact Same Sex Couples

admin — Wed, 23 Mar 2016 22:03:46 +0000

A courtroom battle is brewing in Monroe County, where the legal definition of “parenthood” is at issue. A lesbian couple (Ms. Zunk and Ms. Hopps) had two children through in vitro fertilization, before same-sex marriage was legalized. The woman who was not actually impregnated by the sperm donor (Ms. Zunk) was given a limited guardianship of the children in 2011. After the couple broke up in 2014, the woman who actually carried the children in her womb (Ms. Hopps) filed a motion to terminate Ms. Zunk’s guardianship. Ms. Zunk is now trying to get custodial and parenting time rights with the children whom she has treated as her own since they were born. This case will have a huge impact on how Michigan judges handle custody disputes of same sex couples where the children were born before the Supreme Court legalized gay marriage.

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Supreme Court legalizes same-sex marriage

admin — Tue, 30 Jun 2015 16:21:42 +0000

In a narrow 5-4 decision, the US Supreme Court has found a constitutional right for same-sex marriage. Typically conservative Justice Anthony Kennedy, who authored the Opinion, wrote: “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves.” I would like to extend a heartfelt and sincere congratulations to all those brave men, women and families who will now benefit from this decision.

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Local Federal Judge Bernard Friedman just refused to dismiss a same-sex couple’s lawsuit…

admin — Mon, 01 Jul 2013 07:53:19 +0000

Relying on the recent U.S. Supreme Court decision striking down a provision of the Defense of Marriage Act (“DOMA”), local Federal Judge Bernard Friedman just refused to dismiss a same-sex couple’s lawsuit challenging Michigan’s ban on adoption by unmarried couples. Any legislation relegating same-sex couples to second tier status should be facing challenges in light of the recent Supreme Court ruling. A very Happy Monday and Happy 4th of July Holiday to all! Warmest regards, Matt Catchick

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U.S. vs. Windsor.

admin — Wed, 26 Jun 2013 13:56:22 +0000

The United States Supreme Court just released its opinion in “U.S. vs. Windsor.” The majority of the Court ruled that the Federal Defense of Marriage Act (“DOMA”) is unconstitutional, because it violates the equal liberty of persons that is protected by the 5th Amendment to the Constitution. In the case, Edith Windsor and Thea Spyer were legally wed in Canada, and then moved to New York. When Thea Spyer died, she left her entire estate to Edith Windsor, who sought to claim the Federal estate tax exemption for surviving spouses. However, pursuant to DOMA, Edith Windsor was denied the tax exemption, such that she had to pay an extra $363,000 in taxes. This Supreme Court ruling paves the way for Edith Windsor (and others in the same situation) to now be entitled to the tax exemption.

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