Arkansas Supreme Court reverses order in custody case

LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court has reversed a judge's decision barring a man's same-sex partner from staying overnight when his son visits.

In a split decision Thursday, the Supreme Court didn't address the issue of constitutionality but sent the case back to a Pulaski County judge to determine what's best for the child involved in John Moix's case.

The judge had ruled that Moix's partner cannot be present at his home when his son is visiting overnight, citing a policy of prohibiting unmarried cohabitation in the presence of a child.

During oral arguments earlier this month, Moix's attorneys said the restriction conflicts with the court's ruling in 2011 striking down a ban on unmarried couples adopting or fostering children.

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The Gayly - November 21, 2013 @ 10:00am