Oct 17, 2008   | COMMENTS     

BALTIMORE (AP) — A Maryland woman has won the right to visit the 7-year-old son of her ex-girlfriend, who plans to appeal the decision.

Baltimore County Circuit Judge Lawrence Daniels ruled Oct. 7 that Larissa S. has shown “exceptional circumstances,” and will be allowed to visit the boy she has not seen in three years even though his mother, Melissa B., does not want her to.

The attorney for Melissa said his client would seek an order delaying the visits while she appeals the ruling. Adults in such cases are often identified in court documents only by their first names and last initials to protect the child’s privacy.

The women were in a relationship when Melissa became pregnant, according to court briefs and interviews. Larissa testified that they discussed having children and chose the father because he shared Larissa’s Hispanic heritage. But Melissa’s court filings portray the pregnancy as her decision, not a joint choice.

Daniels ruled that Larissa showed “exceptional circumstances,” noting that she was involved with “all aspects of parenting,” including naming the boy and feeding him. He also recalled testimony at an earlier hearing about the boy greeting Larissa when she came home at night by throwing his arms around her legs and calling her “Mommy.”

“I have to believe eliminating (Larissa) from (the child’s) life would have to have a deleterious effect on (him),” Daniels said.

Same-sex custody and visitation rights have become an issue across the country.

This may be the first such ruling in Maryland since the state’s highest court rejected a lower legal standard for non-parental visitation rights in May.