Legal News

Same-Sex Parent Bearing Child Support Can Seek Custody of Child
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In a ruling published on Thursday, Suffolk County Family Court Judge Theresa Whelan held that a mother awarded child support by her former same-sex partner cannot argue that the former partner cannot seek custody of the child as she is legally not a parent.

In the instant case, Jennifer D., the biological mother of the child, had testified during child support proceedings that her former partner, Estrellita A., was a parent and was bound to pay support. Later, when Estrellita moved for custody of the child, Jennifer changed her stance and claimed that Estrellita cannot have custody as New York Domestic Relations Law applies the term “parent” only to biological or adoptive parents.

  
What
Where


A visibly annoyed Judge Whelan observed, “Colloquially, this is known as ‘having your cake and eating it too … Judicially, it is referred to as ‘inconsistent positions,’ which this court will not countenance.”

Consequently, Jennifer’s bid to dismiss the custody motion was denied.

The ruling noted that Jennifer and Estrellita were registered as domestic partners. Jennifer gave birth to a girl in 2008. At the time, the couple discussed about Estrellita adopting the child, but adoption proceedings were not filed.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The couple separated in September with Jennifer filing a petition of child support from Estrellita. To obtain child support, Jennifer told the court that Estrellita was a parent to the girl-child Hannah and therefore had to live up to her responsibilities.

The support proceedings also took place before Judge Whelan, who declared Estrellita as a legal parent of the child and ordered her to pay child support.



Estrellita followed up with a petition for visitation and custody rights, but Jennifer opposed, arguing this time, in the same court, that Estrellita could not possibly be a legal parent of the child according to local law.

Observing that Jennifer was stopped from asserting that Estrellita was not a parent, Whelan wrote that except under extraordinary circumstances, under New York law, non-biological or non-adoptive parents cannot bring custody and visitation petitions.

However, during the earlier support proceeding, observed Whelan, Estrellita “not only performed as a parent, she was in fact a parent.”



 

RELEVANT JOBS

Personal Injury Paralegal / Legal Assistant

USA-FL-Tampa

Small boutique Law Firm in South Tampa seeking a paralegal with two to five years of experience. ...

Apply now

Director of Advancement

USA-DC-Washington

About the Federation for American Immigration Reform (FAIR) FAIR is a non-profit, non-partisan or...

Apply now

Associate Attorney

USA-OH-New Albany

Established law firm in New Albany, Ohio exclusive to the area of Elder Law is seeking an Associate ...

Apply now

Associate Attorney

USA-CA-Orange

Associate Attorney Andal Law Group, an established plaintiff\'s personal injury law firm in Orang...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

BCG Attorney Search In-House Counsel

USA-CA-Los Angeles

BCG Attorney Search In-House Counsel We are a Legal Employment Company located in California with o...

Apply Now

FDA Regulatory Attorney

USA-MA-Boston

Boston office of a BCG Attorney Search Top Ranked Law Firm seeks FDA regulatory attorney with 3-4 ye...

Apply Now

Foreclosure/Bankruptcy Associate Attorney

USA-CA-Temecula

Temecula office of our client seeks associate attorney with preferably 2 years of experience working...

Apply Now

SEARCH IN ARCHIVE

To Top