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Second Chance For Ex-Partner’s Parenting Claim

Second Chance For Ex-Partner’s Parenting Claim

BY ARTHUR S. LEONARD | In just the latest in a series of cases dating back more than a quarter century grappling with questions about parental standing within unmarried same-sex couples, a New York State appellate court has revived a lawsuit by Kelly Gunn, who is seeking joint custody of a child adopted by her former […]

New York State Tosses Noxious Custody Precedent

New York State Tosses Noxious Custody Precedent

BY ARTHUR S. LEONARD | New York State’s highest bench, the Court of Appeals, has overruled a quarter-century-old precedent, establishing a new rule for determining when somebody who is neither a biological nor an adoptive parent can seek custody of a child. The August 30 opinion for the court by Judge Sheila Abdus-Salaam provides that […]

Brooklyn Appeals Court Affirms Lesbian Co-Parent’s Claim

Brooklyn Appeals Court Affirms Lesbian Co-Parent’s Claim

BY ARTHUR S. LEONARD | The Brooklyn-based Second Department of the New York Appellate Division has affirmed a family court ruling recognizing the parental status of a lesbian co-parent seeking visitation with two children conceived through donor insemination while she was legally partnered with their birth mother, first as a California domestic partner and then as […]

Judge Judith Kaye, Champion of Lesbian & Gay Rights, Dies at 77

Judge Judith Kaye, Champion of Lesbian & Gay Rights, Dies at 77

BY ARTHUR S. LEONARD | When retired Chief Judge Judith Kaye of the New York Court of Appeals died on January 7 at the age of 77, most accounts of her passing mentioned her dissenting opinion in Hernandez v. Robles, the 2006 case in which the state’s highest court voted against the claim that same-sex couples […]

Oklahoma High Court Gives Lesbian Co-Parent Standing in Custody Dispute 

Oklahoma High Court Gives Lesbian Co-Parent Standing in Custody Dispute 

BY ARTHUR S. LEONARD | The Oklahoma Supreme Court has unanimously ruled that a woman who spent 10 years raising a child with her former same-sex partner can use a legal approach known as the equitable doctrine of “in loco parentis” to get standing to sue for custody or visitation of the child. The November 17 opinion, […]

Upstate Lesbian Co-Parent Denied Standing to Seek Custody   

Upstate Lesbian Co-Parent Denied Standing to Seek Custody   

BY ARTHUR S. LEONARD | Relying on a quarter-century-old New York Court of Appeals precedent under which a same-sex co-parent is considered a “legal stranger” to a child she was raising with her former partner, the Appellate Division’s Fourth Department has affirmed a Chautauqua County Family Court decision dismissing a custody and visitation petition from one […]