K.B. v. J.R.
Supreme Court of New York
26 Misc.3d 465 (N.Y. Sup. Ct. 2009)
K.B., born female but living as a man since age 15, married J.R., who was aware of K.B.'s history. J.R. gave birth to K.B., Jr. via artificial insemination the couple had agreed to, and K.B. was listed as the child's father on the birth certificate and all school and medical records; the child called K.B. "father" and J.R. encouraged that role for years. After the marriage deteriorated, J.R. left the home for a period, leaving K.B. as the child's sole caretaker. The couple later obtained a declaratory order voiding their marriage, and both filed for custody, with J.R. arguing K.B. lacked standing because he was not the biological parent.
Whether a non-biological parent may have standing to seek custody of the child over the objection of the child's biological parent if there is a showing of abandonment, unfitness, neglect, extended disruption in custody, or other equivalents demonstrating extraordinary circumstances affecting the child's welfare.