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
The Importance of Appealing the Case
Our talented team at Friedman & Friedman PLLC, 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
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