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Dawn M. v. Michael M.

47 N.Y.S.3d 898 (2017)

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Dawn M. v. Michael M.

New York Supreme Court, Suffolk County

47 N.Y.S.3d 898 (2017)

Facts

Dawn M. (plaintiff) and Michael M. (defendant) were married and tried to have a child, but Dawn miscarried. Dawn became close friends with Audria G., who eventually moved in with the couple. The three began having three-way sexual relations and decided that Audria and Michael would have a child together, J.M. The three continued living together until J.M. was more than 18 months old, with the two women sharing maternal responsibilities. Then Dawn divorced Michael and moved out with Audria and J.M. Audria and Michael had joint custody, with Audria having primary residential custody and Michael three Saturday overnights per month. J.M. identified both women as his mother, calling both “mommy.” Both women shared responsibility for J.M. and made all parenting decisions together. When J.M. reached 10 years old, the two women still lived together, but Dawn became concerned that her remaining in J.M.’s life depended on Michael’s and Audria’s continued consent. Audria fully supported Dawn having legal rights, but Michael objected. Dawn sued Michael to establish legal visitation and custody rights for one weekend per month.

Rule of Law

Issue

Holding and Reasoning (Leis, J.)

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