In New York divorce action relating to two women who were married in Connecticut and who had a child through artificial insemination of one spouse, the Supreme Court, Suffolk County, Bivona, J., without a hearing, granted sole custody of child to birth mother, and denied other spouse’s motion for child custody or visitation. Other spouse appealed. Held: The Supreme Court, Appellate Division, held that other spouse had standing under New York law to seek custody or visitation, though child was born before New York enacted its Marriage Equality Act. Reversed and remitted.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com