VERMONT'S NEWSPAPER FOR LESBIANS, GAY MEN, AND BISEXUALS

 

Volume VI, Number 10

December 1 991

Hamilton Custody Case Finally Settled

The two and a half year custody battle
over three-year old Collin Hamilton has
ended. Custody was awarded to Susan
Bellemare, surviving partner -of Susan
Hamilton, Collin's biological mother, in
an out of court settlement announced in
October. Hamilton's parents, Philip and

_ Elsa Hamilton, retained visitation rights.

This case made headlines in Vermont.
Susan Bellemare and Susan Hamilton
were partners for 13 years. They owned
a house together in Duxbury and worked
side by side as surgical intensive care
nurses. They wanted a family; Susan
Hamilton became pregnant and gave
birth to Collin in 1988. In May 1989,
they went away for a long weekend at the
New Jersey shore. Collin was 14 months
old, and it was the first time they had
been alone together since his birth. He
spent the weekend at his grandparents‘
house. On May 15, they picked him up
and were on their way home when their
car was struck by another car on Route 4
in Rutland in an accident that killed
Hamilton and seriously injured Belle-
mare. She was hospitalized for about 12
days, and then spent a month re-
cuperating at her parents’ home in Ben-
nington. Collin suffered a broken rib.

Fortunately, Susan Hamilton had left a

‘will, naming Bellemare as Collin's guar-

dian and executrix of her estate. Her par-
ents immediately announced that they
would contest the will, because of the
guardianship provision. While Belle-
mare was recovering from her injuries,
Collin stayed in New Jersey with the
Hamiltons, with the stipulation that they
would return him to her when she was on
her feet again. Collin returned to Ver-
mont in early July 1989, and he has lived
with Bellemare ever since.

About this time Susan Murray entered
the picture. As soon as she read about
the case in the Burlington Free Press,
Murray, an attorney in Middlebury, knew

she wanted to be part of it. She has an
extensive background in family law, and
as a lesbian herself, has a strong pro-
fessional interest in the legal issues fac-
ing gay and lesbian families. She called
Be1lemare's attorney and offered to help
in any way she could. Bellemare had
hired the lawyer who had drawn up Ham-
ilton's will. He was the only lawyer she
knew. However, as a witness to the will,
he would be called upon to testify in
court as to its validity. Therefore, he
could not also represent her, and had to
withdraw from the case. He suggested
that Bellemare talk to Murray. This she
did, and Susan Murray signed on as
Bel1emare's attorney.

Thus began a complicated series of legal
wranglings, interrupted by long delays,
which produced enough paper to fill an
entire file cabinet at Murray's law firm,
and which ultimately resulted in Oc-
tober's settlement in favor of Bellemare.

First the Hamiltons tried to contest the
will in Probate and Superior Courts.
However, disagreeing with a will's con-
tents is insufficient grounds to contest it,
and their appeal failed. They then filed a
motion in Probate Court to have Belle-
mare removed as guardian, alleging that
1) she was unfit, 2) it wasn't in Collin's
best interest for her to be his guardian,
and 3) guardianship of Collin was a con-
flict of interest with her duties as ex-
ecutrix of Hamilton's estate. The last
charge was not a serious one, but the first
two went to the heart of the issue --
whether Bellemare's sexual orientation
would deny her custody of Collin.

Ironically, while this battle was being
waged in the press and the legal system,
Bellemare and the Hamiltons were re-
solving some of their disputes privately.
They quietly agreed on a regular visita-
tion schedule. About once a month,
Bellemare would drive Collin to Ben-
nington, her home town and the halfway

 

 

Susan Bellemare

point. The Hamiltons would pick him
up there, and he would spend 3-4 days
with them in New Jersey. The first visit
took place on Labor Day weekend 1989,
only four months after the accident Al-
though Bellemare was nervous, it went
off without a hitch. The Hamiltons also
called Collin in Vermont, and Bellemare
called him when he was in New Jersey.

By November 1990 it looked like pre-
trial work was ready to begin, but an-
other delay occurred. Finally in Feb-
ruary 1991, the Hamiltons‘ lawyer
approached Murray and suggested that
perhaps it was time to settle the case.
The negotiations lasted until October
1991 when the settlement was an-
nounced. The stipulation spelling out
the terms states that the parties recognize
that Susan Bellemare has been Collin's
primary caregiver, and that she will re-
main his guardian, trustee of his estate,
and executrix of Susan Hamilton's es-
tate. Collin's last name will remain
Hamilton. The Hamiltons retain visita-
tion rights, although there is no fixed
visitationschedule.

Continued on page 4