LITTLE ROCK (KATV) -- The Arkansas Supreme Courtreceived arguments Thursday morning on a lower court's ruling that denied a gayman to have his son stay overnight while his partner is present.
It will now be left up tothe Supreme Court justices if a Pulaski County court decision will be reversedor upheld.
If a gay male coupleadopted a son, which was ruled legal by the Supreme Court in 2011, there's noproblem with the kid staying overnight.
However, in this case aman's natural born son isn't allowed to stay overnight if a romanticallyinvolved partner is there, unless the couple is married. Then again, by law inArkansas they can't.
For more than a yearLibby and John Moix have battled over whether their son can stay with hisfather overnight, while his gay partner is there. Thursday the case reached theArkansas Supreme Court for the first time.
Richard Worsham of LittleRock is representing the mother during this appeal, and he requests that thecourt look at this case isolated from others.
"This is a volatilerelationship the appellant has with his partner. I think that relationship issomewhat extreme to the appellant's own problems that he was still strugglingwith," Worsham said before the justices Thursday morning.
Little Rock attorney JackWagoner is fighting to get overnight custody for his client, and said a blanketlaw is restricting a ruling in his favor. He believes that law is causing judicialfear for instability in the child's life. He uses this generic example of theway the law works.
"Mom's been marriedthree times. Dad has had one person living with him those five years. Blanketrule says mom's situation is better. That's not the case. Everything you readabout what's best for children is stability," Wagoner told the Arkansas SupremeCourt.
Wagoner also said timeshave changed, and with that change there should be new rulings to the law becausenot all of them are making sense.
The Supreme Courtjustices will consider Thursday's arguments and are expected to have a decisionin the next couple of weeks, according to both legal sides.