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Gay parent fighting to have son stay overnight while partner there

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LITTLE ROCK (KATV) -- The Arkansas Supreme Court received arguments Thursday morning on a lower court's ruling that denied a gay man to have his son stay overnight while his partner is present.

It will now be left up to the Supreme Court justices if a Pulaski County court decision will be reversed or upheld.

If a gay male couple adopted a son, which was ruled legal by the Supreme Court in 2011, there's no problem with the kid staying overnight.

However, in this case a man's natural born son isn't allowed to stay overnight if a romantically involved partner is there, unless the couple is married. Then again, by law in Arkansas they can't.

For more than a year Libby and John Moix have battled over whether their son can stay with his father overnight, while his gay partner is there. Thursday the case reached the Arkansas Supreme Court for the first time.

Richard Worsham of Little Rock is representing the mother during this appeal, and he requests that the court look at this case isolated from others.

"This is a volatile relationship the appellant has with his partner. I think that relationship is somewhat extreme to the appellant's own problems that he was still struggling with," Worsham said before the justices Thursday morning.

Little Rock attorney Jack Wagoner is fighting to get overnight custody for his client, and said a blanket law is restricting a ruling in his favor. He believes that law is causing judicial fear for instability in the child's life. He uses this generic example of the way the law works.

"Mom's been married three times. Dad has had one person living with him those five years. Blanket rule says mom's situation is better. That's not the case. Everything you read about what's best for children is stability," Wagoner told the Arkansas Supreme Court.

Wagoner also said times have changed, and with that change there should be new rulings to the law because not all of them are making sense.

The Supreme Court justices will consider Thursday's arguments and are expected to have a decision in the next couple of weeks, according to both legal sides.