Catholic University Law Review Volume 54 Issue 4 Summer 2005 Article 10 2005 Modified Best Interest Standard: How States against Same-Sex Unions Should Adjudicate Child Custody and Visitations Disputes between Same-Sex Couples Leah C. Battaglioli Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Leah C. Battaglioli, Modified Best Interest Standard: How States against Same-Sex Unions Should Adjudicate Child Custody and Visitations Disputes between Same-Sex Couples, 54 Cath. U. L. Rev. 1235 (2005). Available at: https://scholarship.law.edu/lawreview/vol54/iss4/10 This Comments is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact
[email protected]. MODIFIED BEST INTEREST STANDARD: HOW STATES AGAINST SAME-SEX UNIONS SHOULD ADJUDICATE CHILD CUSTODY AND VISITATION DISPUTES BETWEEN SAME-SEX COUPLES Leah C. Battaglioli+ Elizabeth and Kate, residents of New York, began a relationship in 1999.1 In 2001, the couple was joined in a civil union in Vermont. Shortly thereafter, the couple decided to adopt a little girl from China. However, because China does not allow same-sex couples to adopt,2 only Elizabeth officially adopted the child, whom they called June. Both Elizabeth and Kate were involved in the daily care and upbringing of June. Elizabeth and Kate discussed Kate's option to adopt June in a second-parent adoption.3 However, their relationship soured in 2003 and Elizabeth took June and moved to Florida.4 Elizabeth permitted Kate to see June frequently until it proved inconvenient.