New York Divorce Report - New York's Divorce and Family Law Blog

New York’s highest court, the Court of Appeals, granted a non-adoptive or biological parent visitation with her former same sex partners’ child. In a very narrow ruling, the Court in the case Debra H. v. Janice R., held that only biological or adoptive parents can seek visitation or custody of children. The parties, Debra H. and Janice R., entered into a Vermont civil union in 2003. A month later, Janice R., who was artificially inseminated, gave birth to M.R. Janice denied Debra’s requests to adopt M.R. and their relationship soured. When Janice refused Debra’s efforts to have visitation with M.R.,... More

A New York court has jurisdiction to hear an action to dissolve a civil union validly entered into outside of this state and to equitably distribute the property acquired during the civil union. New York courts have recognized and been increasingly accepting of the rights of same sex couples. New York will, for instance recognize, as valid, an out-of-state same-sex marriage even though the marriage could not have been solemnized in New York. In Dickerson v. Thompson, the parties traveled to Vermont and entered into a civil union. Both parties were residents of New York throughout their relationship; neither party... More

Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to pay maintenance to your ex, but your ex rather than  re-marrying, enters into a domestic partnership? A number of states have enacted civil union or domestic partnership statutes which grant same sex couples some, but not all, of the rights and privileges of marriage. Maintenance... More