Attorneys for an Arkansas man whose gay partner is barred from visiting him overnight when his son is present say a judge is violating the constitution and past state Supreme Court rulings by imposing such a restriction.
Attorneys for John Moix on Thursday asked the Arkansas Supreme Court to overturn a Pulaski County judge's restrictions on his visitations with 12-year-old son, saying they violate his privacy rights.
The judge 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, 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.