Matter of David S. v. Samantha G. - 2018 NY Slip Op 28110, 59 Misc. 3d 960, 74 N.Y.S.3d 730 (Fam. Ct.)

Rule:

Relationship between the biological father's husband and the child came into being with the consent and blessing of the two biological parents and both biological parents agreed that the biological father's husband should have standing to seek custody and visitation.

Facts:

The parties in the instant case - the biological mother, the biological father and the father's husband—agreed to conceive and raise a child together in a tri-parent arrangement. Issues arose between the two men and the biological mother with respect to the parenting of the child as well as to the extent of parental access by the two men. The relationship among the parties became strained. Subsequently, the biological father and the father’s husband filed a petition against the biological mother seeking legal custody and shared parenting time with the child. The biological mother filed a cross petition against the two men seeking sole custody of the child, with the two men being granted reasonable visitation. In the joint memorandum of law filed by the two men, they contended that not only the father’s husband be declared to have standing to seek custody and visitation as a "parent," but he should also be declared to be the third legal parent of the child. 

Issue:

Did the father’s husband have standing to seek custody and visitation with the subject child under Domestic Relations Law, notwithstanding the fact that the child already has two legal parents? 

Answer:

Yes.

Conclusion:

Under the circumstances where the three parties entered and followed through with a preconception plan to raise a child together in a tri-parent arrangement, the biological father's husband had standing to seek custody and visitation as a parent. According to the court, the relationship between the biological father's husband and the child came into being with the consent and blessing of the two biological parents and both biological parents agreed that the biological father's husband should have standing to seek custody and visitation.