K.B. v. J.R.
Supreme Court of New York
26 Misc.3d 465 (2009)
- Written by Sean Carroll, JD
Facts
K.B. was born a woman, but had lived as a man since he was 15 years old. J.R., aware of K.B.’s personal history, married K.B. K.B. and J.R. agreed that they would have a child via the artificial insemination of J.R. Subsequently, J.R. gave birth to a child, K.B., Jr. K.B. was listed as the child’s father on the birth certificate and all medical and school records. K.B., Jr. referred to K.B. as his father and J.R. as his mother. J.R. encouraged and participated in K.B.’s role as K.B., Jr.’s father. The relationship between K.B. and J.R. deteriorated, and J.R. left the marital home for a period of time, leaving K.B., Jr. in the sole care of K.B. Later, K.B. and J.R. consented to a declaratory order that their marriage was void. Each party filed a petition for custody of K.B., Jr. Specifically, J.R. argued that K.B. did not have standing to pursue custody, because K.B. was not K.B., Jr.’s biological parent.
Rule of Law
Issue
Holding and Reasoning (Morgenstern, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
