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Understanding Divorce & Separation: Child Custody and Parenting in NY State

Roberta Feldman explains child custody law in New York State

Sue Mayo Smith 0 151 Article rating: 5.0

“My name is Roberta Feldman. I am an attorney with Gray & Feldman in Penfield, NY. One of my jobs, when I have a client come in for an initial consultation, is not only to make them feel comfortable but to educate them.  And today I am going to talk about custody and parenting. Custody is a major component of every divorce or separation as well as out-of-wedlock situations where I have had parents come to me in those cases as well."  

Landmark case from New York’s highest court expands definition of what it means to be a parent.

The Court held that a “non-biological, non-adoptive parent” has standing to petition for custody and visitation.

Roberta K. Feldman 0 426 Article rating: No rating

NY's Highest Court Redefines ParentThe Court of Appeals issued a ruling on August 30, 2016 entitled In the Matter of Brooke S.B. vs. Elizabeth A. C.C. (28 NY3d 1, 2016 NY Slip Op. 05903) which overturned the case of Matter of Alison D. v. Virginia M. (77NY2d 651, 572 NE2d 27, 569 NYS2d 586) decided in 1991. In Matter of Alison D., the Court of Appeals held that in an unmarried couple, a partner without a biological or adoptive relation to a child is not the child’s “parent” for purposes of standing to seek custody or visitation under New York law.

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