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PA Co-Parent Wins Primary Custody Against Biological Mother

By Kevin Adler
October 31, 2005

The Pennsylvania Superior Court affirmed a lower court ruling that gave primary custody of two children to the lesbian former partner of the children's biological mother. Of notable significance, neither court ruled that the biological mother was an unfit parent, but rather than the “best interests of the children” dictated that the non-biological mother would provide a better household. The three-judge panel's ruling was unanimous. Jones v. Jones, 2005 WL 2403818 (Pa.Super.)

The two women, Patricia Jones and Ellen Boring Jones, lived together as partners for nearly a decade before Ellen Jones had twin boys in December 1996 through artificial insemination. In January 2001, Ellen left the house that the family shared, and she took the children. After leaving, Ellen sued Patricia for child support, while also seeking to deny Patricia co-parenting rights.

Patricia Jones sued in Bucks County Common Pleas Court for primary custody, and argued that she would facilitate a relationship for the boys with both women.

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