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Dawn M. v. Michael M.

New York Supreme Court, Suffolk County

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

Relevant factsFree

Dawn M. (plaintiff), her then-husband Michael M. (defendant), and Dawn's close friend Audria G. lived together and jointly decided that Audria and Michael would conceive a child, J.M., whom Dawn and Audria then co-parented together for years, with J.M. calling both women "mommy"; after Dawn and Michael divorced, Dawn continued living with Audria and J.M. while Michael had separate visitation, but Michael later objected to Dawn having any formal legal rights to see J.M., even though Audria fully supported Dawn's continued involvement. Dawn sued Michael to establish legal visitation and custody rights.

IssueFree

Whether a child's de facto third parent may establish legal tri-custody rights.

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