The Rights of Divorced Lesbians: Interstate Recognition of Child Custody Judgments in the Context of Same-Sex Divorce

Fordham Law Review, Vol. 78, 2009

53 Pages Posted: 19 Nov 2009

Date Written: November 18, 2009

Abstract

This Note explores the issue of interstate recognition of child custody, which arises in the context of same-sex divorce. The Parental Kidnapping Prevention Act (PKPA) requires states to grant full faith and credit to all child custody orders; on the other hand, the Defense of Marriage Act (DOMA) allows states to deny full faith and credit to judgments “arising out of” same-sex marriage. This Note argues that DOMA partially repeals the PKPA, such that states need not grant full faith and credit to divorce and child custody decrees in the context of same-sex marriage. Further, this Note argues that, because same-sex divorce does not raise the same concerns as same-sex marriage, sister states should recognize same-sex divorce and custody orders as doing so is in the best interest of the child and supports interstate comity.

Keywords: same-sex, marriage, divorce, custody, PKPA, DOMA

Suggested Citation

Harvey, Kathryn, The Rights of Divorced Lesbians: Interstate Recognition of Child Custody Judgments in the Context of Same-Sex Divorce (November 18, 2009). Fordham Law Review, Vol. 78, 2009. Available at SSRN: https://ssrn.com/abstract=1508477

Kathryn Harvey (Contact Author)

Fordham Law Review ( email )

140 West 62nd Street
New York, NY 10023
United States

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