This is what happens when you try to be petty...

(Dover, Delaware) The Delaware Supreme Court has ruled that the birthmother of triplets must share custody with her ex-partner but the decision does not set a precedent for other same-sex couples.

The case involved the appeal of a 2004 lower court ruling that said because the ex-partner had helped raise the children she was a "de facto parent" and therefore entitled to joint custody.

The two women were given pseudonyms by the court to protect the identity of the children who are still minors.

"Erica Smith" and "Sheila Smith" ended a nine year relationship in 2003. "Erica Smith" then went to court seeking to prevent "Sheila Smith" from having access to the children.

In 2004 a Delaware Family Court judge ruled "Sheila Smith" a "de facto parent" and awarded her joint custody.

Following the ruling "Erica Smith" launched an appeal of the ruling and at the same time filed for retroactive child support from "Sheila Smith" based on the ruling she was fighting.

While the appeal continued "Sheila Smith" was ordered to pay $721 a month for care of the triplets.

At the Supreme Court legal papers showed that she is continuing to the support.

It was on the issue of the decision by "Erica Smith" seek child support that the justices ruled.

Writing for the three judge panel that heard the case, Justice Randy J. Holland said that "Erica Smith" had undermined her case by accepting support for the children.

Holland said that by doing so she legally accepted that "Sheila Smith" was in fact a "de facto parent".

The ruling did not address the issue of co-parenting itself.

Lawyers for both women and the ACLU of Delaware said that question is likely to come up in the future.