The New York Court of Appeals issued a potential landmark decision on August 30th that has particular relevance in the area of family law regarding same-sex couples.
In Matter of Brooke S.B., the Court of Appeals overturned its prior holding in Matter of Alison D. which denied non-biological parents standing to petition for custody and/or visitation rights. Acknowledging that significant advancements in state law have taken place since the 1991 Alison D. decision, including not insignificantly the right of same-sex couples to marry, the Court of Appeals acknowledged that the prior holding unfairly failed to take into consideration the particular circumstances of now estranged same-sex couples who had previously agreed to conceive and parent a child. Prior to Brooke S.B., the non-biological parent in that situation, i.e. not the partner who had provided the egg or sperm for conception, had no right to petition for custody or visitation of the couple’s former child or children (although, ironically, the non-biological parent could be liable for child support). Now, based upon s showing of certain factual requirements (such as evidence of an agreement between partners to conceive and raise a child together), the non-biological parent does indeed have standing to proceed in Family Court seeking custody and/or visitation rights based on the best interests of the child.
Family law is a constantly evolving area of my practice that adapts to meet the realities of today’s complex personal situations. Every case is different. Please contact me if I can be of assistance in your particular case.