Lindsay Gingrich Maclay

Case Conclusion Date:January 21, 2010

Practice Area:Child Custody

Outcome:Award of shared phsyical custody to mother

Description:In a decision that overturns 25 years of case law, the Pennsylvania Superior Court has abolished the long-standing presumption that child custody should be awarded to a heterosexual parent rather than to a parent involved in a homosexual relationship. Before the ruling, Pennsylvania courts had, since 1985, required a homosexual parent seeking child custody to prove "that exposure to the homosexual relationship has no adverse effect on a child if exposed to that relationship," a standard established by the Pennsylvania Superior Court in the case of Constant A. v. Paul C.A.