The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.
The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.
The new ruling took aim at allowing same-sex couples who have raised a child together, to obtain custody and visitation. The ruling comes after New York’s recognition of same-sex marriage, and the US Supreme Court’s 2015 decision in Obergefell v. Hodges, which expanded the fundamental right of marriage to same-sex couples as well. The definition is being tested during a New York Supreme Court case between two women who are arguing custody of a six-year-old boy.
Kelly Gunn, the former partner of Circe Hamilton has commenced an action to determine whether Ms. Gunn can be recognized as a parent to the six-year-old boy that Ms. Hamilton adopted in 2011. Ms. Gunn and Ms. Hamilton began dating in 2004. In early 2009 the two filled out paperwork to adopt a child. Because Ethiopia has restrictions against same-sex couples adopting children, Ms. Hamilton was the named adoptive parent and Ms. Gunn was named as a roommate on the adoption papers. Testimony has shown that two had intentions of raising the child together. In December of 2009, the couple decided to break up. Ms. Hamilton testified that she moved forward with the adoption alone.
The two remained close over time, and Ms. Gunn even accompanied Ms. Hamilton on the flight home after the adoption of Abush. The testimony shows that Ms. Gunn remained close with the child, cared for the child regularly, attended doctors’ appointments with the child, and employed Ms. Hamilton at her design firm. Ms. Gunn’s testimony compared her relationship with the child as one of a couple who had broken up during a biological pregnancy. The extensive testimony focused on the level of Ms. Gunn’s relationship.
Ms. Gunn’s relationship to the child is important to the determination of whether Ms. Gunn will be deemed a parent under New York State law. Ms. Gunn and Ms. Hamilton dispute whether after the separation in 2009, they were still in agreement to raise the child together. The facts of the relationship following the break-up will help determine whether the two entered into an agreement to raise the child together. The determination of Ms. Gunn’s legal relationship to the child is crucial because Ms. Hamilton is looking to move back to her native London with Abush. Without legal custody or visitation rights, Ms. Gunn cannot prevent Abush from leaving. Until this case is brought to a conclusion, the judge has confiscated Abush’s passport.
If your former partner has temporary custody of your child or children, you can bring a petition seeking permanent custody or visitation. It is important that you are aware of your rights when it comes to you and your children. If you are seeking custody or visitation of your child, contact the Suffolk County family law attorneys of Mcguire & Peláez, PC. Ms. Peláez has practiced daily in the Family Court for more than 10 years as private and Court appointed counsel, and she will zealously fight for your rights as a parent. Contact us at (631) 348-1702.
Send Us An Email