KANSAS CITY, Mo. (AP) — A Missouri appeals panel has affirmed a lower court decision dismissing a Kansas City woman’s lawsuit seeking custody of children she raised with her lesbian partner.

But the appeals court also said in its ruling Tuesday that the woman, Melissa McGaw, could seek custody under a state statute.

McGaw sought joint custody of the two children in circuit court, but the case was dismissed when that court said she didn’t have standing under common law doctrines. McGaw and her partner had not married before they separated several years ago.

The appeals panel affirmed the lower court’s decision, but also said McGaw “has an available statutory remedy” under a Missouri statute that allows people who are not legal parents to seek custody if it’s in the best interest of the children.