A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.
A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.
In an action before the court, Audria and Michael agreed to share joint custody. However, Dawn, was not a party to the agreement because she was not a biological or adoptive parent and, therefore, possessed no legal rights to the child. Dawn commenced an action to obtain custodial rights over the child so that she would have continued access to him.
In the instant case, the court relied on Brooke S.B v. Elizabeth A.C.C., which held that “an individual who was neither a biological nor an adoptive parent could establish standing as a parent to petition for custody and visitation.” The court ruled “that the ultimate determination of whether to grant those rights rests in the sound discretion of trial courts in determining the best interests of the child.”
In this case, the child testified that he had two mothers and one father and enjoyed his living arrangements. The court recognized that all three of the parents were involved in the child’s life and collectively made important decisions regarding the best interest of the child. Furthermore, the court noted that the child was well adjusted and loved by all three of his parents as evidenced by his testimony.
The court found that Dawn should be granted involvement and it should not be left to the consent of the biological parents because Dawn has always been a part of the child’s upbringing. Additionally, if the child did not have all three parents, it would promote hardship and suffering for the child. The court therefore granted tri-custody to three parties.
It is important that you are aware of your parental 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 our Long Island family law firm at (631) 348-1702.
Send Us An Email