Appellate Court Holding Advances Rights of New York’s LGBTQ Parents and their Children in Case of First Impression

June 27, 2018 – Morrison Cohen LLP served as co-counsel in the appeal by K.G. of a trial-court decision dismissing her petition for shared child custody or visitation on the ground she lacked parental standing under New York State law.  In K.G. v. C.H., 2018 N.Y. Slip. Op. 04683 (June 26, 2018), a unanimous five-judge panel of the Supreme Court of the State of New York, Appellate Division, First Judicial Department held that the trial court failed to adequately address whether K.G. established parental standing through evidence of equitable estoppel under the Court of Appeals' recent landmark decision Brooke S.B. v. Elizabeth A.C.C., which extended protection to New York's LGBTQ parents and their children by expanding the definition of parent to include those who lack an adoptive or biological relationship with the child.  The Appellate Division held in its June 26, 2018 decision that the trial court improperly rendered the child's voice “totally silent,” preventing the consideration of evidence addressing the child's parental bond with K.G.

This decision is among the first Appellate Division cases to apply Brooke S.B. A copy of the decision is available here.

The Morrison Cohen team included Danielle C. Lesser and Andrew P. Merten.