A same-sex custody battle in Ohio ended on Tuesday, with full and exclusive rights granted to the biological birth mother and not her partner.

Justices ruled in a 4-3 decision that biological mother Kelly Mullen did not agree to share legal custody of her daughter Lucy with her former partner, Michelle Hobbs, even though Hobbs was named a co-partner on several medical documents and recognized as a parent “in every way.”

Mullen signed health care power of attorney documents and also nominated Hobbs as the child’s guardian in a will. Hobbs also helped financially support the child starting from the in vitro procedure and acted as a parent throughout the relationship.

But when the couple split two years after Lucy was born, Mullen moved out of the shared house with her daughter, voiding all documents declaring Hobbs as a co-parent.

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