Judge rules in favor of mother in custody battle with gay couple - FOX 26 News | MyFoxHouston

Judge rules in favor of mother in her custody battle with gay couple

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HOUSTON (FOX 26) -

A Houston woman says she could be one step closer to taking her twins home.

Cindy Close wrote our Isiah Carey saying a Houston judge has ruled she is the mother of the twins she gave birth to this year.

Close has been embroiled in a bitter custody battle with her long time friend Marvin McMurrey.

Close says McMurrey promised they would be co-parents if she agreed to carry an anonymous donor's eggs that were fertilized by McMurrey.

But after the children were born this year McMurrey filed a lawsuit against Close alleging she was merely a surrogate.

Close says she realized McMurrry was using her and that he and his domestic partner could raise the children.

Close says she didn't know McMurrey was gay.

In that email to FOX 26 News, Close writes:

Hello Isiah,

Since you covered my story in September, I thought I would reach out to you and let you know that the Judge has found that I'm the mother of the twins, specifically that "there is no evidence to support Petitioner, Marvin McMurrey, III's claim that Cindy Close's "role was that or [sic] a surrogate or gestational carrier..."

Close says she won't know if she gains custody of the twins until November 26th.

According to court records the children are currently living with McMurrey's domestic partner.

We're hoping to get a comment from McMurrey's attorney on this latest development.

Note: Close's twitter account also indicated the judge ruled her as the mother of the children.

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