Santa Cruz court to hear former lesbian partners' custody dispute over twins

Child custody battles, whether between lesbian, gay or straight couples are always a sad affair," said Jim Brown, executive director of the Diversity Center in Santa Cruz. "Cases like these provide an opportunity for the broader community to recognize that LGBT families are no different than straight families, with all their challenges and blessings."

Quale and Wallace, a 28-year-old landscape designer, gave a joint interview in their home earlier this week after going public with their plight to raise money for legal fees. The two launched a Web site called SaveOurTwins.com and created a Facebook page explaining their side of the case.

The pair said their romantic relationship began only after Quale and Smith ended their two-year relationship and Smith moved out. After meeting in May 2007, Quale and Smith participated in a commitment ceremony in January 2008 but never officially married during the five-month window when such unions were permitted by the California Supreme Court before Proposition 8 passed.

Quale and Wallace said the children were conceived through insemination, not sex. Quale, who has an 8-year-old son from a previous marriage to another man, met Wallace through a mutual friend while she was living with Smith. Wallace was paid $500 for his services, including travel expenses because he was not living in Santa Cruz at the time.

Both sides acknowledge there were no written, legal parenting arrangements made among Quale, Smith and Wallace before or after the children were born. Quale said she had been planning to have more children before meeting Smith, and actually chose Wallace to be the father without Smith's involvement.

Quale said she and Smith never legalized their relationship because of persistent problems with the relationship. She declined to provide details, saying she did not want to disparage her former partner.

Smith contacted Wald, the family law attorney, after the breakup, and the National Center for Lesbian Rights joined the case pro bono to protect what they see as Smith's undeniable claim as a parent to the children.

"She loves them, she has loved them from the day they were born," said Wald. "Her commitment to them did not in any way change by the falling apart of the relationship with Maggie."

Darlene Kemp, a lawyer representing Quale, said Smith's attorneys are trying to turn the case into a gay-rights crusade when it's simply about establishing the legal claim that belongs to biological parents.

"It's being turned it into something political, when it's not that at all," Kemp said. "It doesn't have anything to do with sexual orientation. She doesn't meet the criteria of a presumed parent."

(Edit:Ruby)