There’s not much to say in this sad tale. Mostly because I think the non-bio mother is going to lose in the end because she and her partner were never legally married. And of course divorce is always sad for the children.
Custody battles are always upsetting. But the case of Joy Phillips’ and Amber Berndt’s fight over their two daughters is an especially excruciating conundrum. That’s because the same-sex couple was never legally married, leaving the non-biological mother, Phillips, in limbo — struggling to secure her parental rights so that she can then defend them.
“This is a very important case,” American Civil Liberties Union (ACLU) LGBT Project attorney Jay Kaplan tells Yahoo Parenting. The legal drama, currently unfolding in a Michigan court, is between the former couple, together for more than 13 years. They were married in a non-legal ceremony, wore wedding rings, and together raised their two daughters, now 10 and 7, who were given the legal last name of “Berndt-Phillips” before their moms split in Dec. 2014. “And we are going to see more of these cases in the future, because courts are going to have to deal with the effect of the Supreme Court’s marriage equality decision,” Kaplan adds. “Couples who didn’t get married because they couldn’t shouldn’t be denied the rights that same sex-married couples now have.”