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I love reading how the laws change with the times. This is a unique ruling and a nice read.
By Douglass Dowty | email@example.com
On March 13, 2017 at 11:41 AM, updated March 13, 2017 at 1:21 PMSuffolk County, NY -- A Long Island judge recently awarded custody of a 10-year-old boy to three adults in a "unique" case growing out of the state's expanded parenting and same-sex marriage laws.
The child was conceived by parents "Michael M." and "Audria," whose full names were not provided in court documents to protect the child's privacy.
Audria was the best friend of Michael M.'s wife, the New York Law Journal reported.
At the time of the baby's birth, Audria and Michael M.'s wife, "Dawn M.," were romantically involved. When the baby was born, Michael M. allowed both women raise the child as joint mothers, Judge H. Patrick Leis III wrote in his decision.
Michael M. remained romantically involved with both women until a 2011 divorce from Dawn M., the Law Journal reported.
Audria and Michael M. had joint custody of the boy prior to the judge's ruling. Now, the boy lives with Dawn M. and Audria.
"Tri-custody is the logical evolution of the Court of Appeals decision in Brooke S.B. (expanding parental rights in same-sex families) and the passage of the Marriage Equality Act and DRL [Domestic Relations Law] SS10-a which permits same-sex couples to marry in New York," Leis wrote in his decision.
He then took issue with the father who contested his ex-wife's request to share in custody.
"No one told these three people to create this unique relationship," the judge wrote. "Nor did anyone tell (Michael M.) to conceive a child with his wife's best friend or to raise that child knowing two women as his mother."
The boy, when interviewed by the judge, considered both women to be equal "mommies," the judge noted.
A lawyer for Dawn M. told the Law Journal it was the first time a New York judge had given "tri-custody" to three adults.