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HomeTag"Same-sex Marriage" Archives - Daniel Clement

Same-Sex Custody in New York: Non-Biological Mom Can Seek Custody

Just as the definition of marriage has evolved in New York to include same-sex couples, so has the definition of family.   It is now common for a married same-sex couple to have children and, like heterosexual couples, when the relationship sours, custody battles ensue. Until recently, the existing law in New York was that a...

A second appellate court went out of its way to implicitly recognize the legitimacy of same sex marriage in New York. I previously discussed the case of Funderburke v. State of New York in which the claim of an employee of the Uniondale school district who sought health benefits for his same-sex partner was dismissed....

While the marriage between a same sex couple was declared void, their separation agreement, which resolved all of their property and financial disputes, was declared valid  by Justice Phyllis Gangel-Jacob in Gonzalez v. Green.   Although the parties were “married” pursuant to a Massachusetts law that permits same sex unions, their marriage was void since such marriages...

The very week that the New Jersey Supreme Court forced the state legislature to address the issue of same sex marriage, a New York court rendered a decision which highlights the differences in the law when same sex and heterosexual couples split-up. Indeed, “divorcing” same-sex couples are not entitled to equitable distribution. Instead, those couples...

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