Friedman & Friedman to Appeal Court Decision

Getting a divorce can mean entering a lengthy, difficult period of arguments, disagreements, and general discord. In the United States, divorces have become so common that family law firms have cropped up in all corners. Even so, most practices are struggling to adapt to the recent changes in marital law, especially when it comes to same-sex couples divorcing. So when one lesbian couple in New York decided it was time to split, they had thousands of law firms to choose from but no guarantee that an attorney could make sense of their case. The couple couldn’t agree whether or not the non-biological mother of their child had any right to seek custody and visitation rights.

Whereas New York statutory and common law dictates that she did not have those rights, as mentioned in a headlining article for the New York Journal Law, the judge decided to use a stage of litigation called choice of law. Primarily found in family law cases, choice of law allows the use of legal jurisdictions to be applied to litigation in separate states. In this particular case, the judge adopted California law, where non-biological parents can seek custody and visitation rights, as the child had been born there.

The Importance of Appealing the Case

Our talented team at Friedman & Friedman, Attorneys at Law recognized the delicate nature of the case and also knew that it wasn’t so clean cut. While it is important to respect a judge’s decision that does not necessarily mean it is always the correct one.

As conditions for granting custody to the winning spouse were not met in either state – California, where the child was born, and New York, where the divorce was filed – our legal team cannot agree with the judge’s decision and must therefore set the stage for an appeal. While we understand that artificial insemination laws in regard to same-sex marriages might seem like a new unknown to many courtrooms, we cannot sway from our unwavering pursuit of upholding those laws correctly. Our client deserves as much and we’re willing to put in all the extra effort required.

If you live in the greater Long Island area and are facing a family law suit that requires thinking outside the box, or an appeal, it’s about time you contact the experienced team at Friedman & Friedman, Attorneys at Law. Call 516-688-0088 today for a consultation.

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