Raymond T v Samantha G Case Brief Summary | Law Case Explained

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Raymond T v Samantha G | 74 N.Y.S.3d 730 (2018)

If a child has two fit legal parents, courts are typically reluctant to entertain custody or visitation requests from an adult with no legal or biological relationship to the child. But in Raymond T. versus Samantha G., the court honored an unconventional agreement among three adults who all considered themselves parents to one minor child.

Married couple Raymond T. and David S. were friends with Samantha G. Raymond, David, and Samantha agreed to conceive and raise a child together in a tri-parent arrangement. Both Raymond and David delivered sperm regularly to Samantha for artificial insemination until she became pregnant.

After the child was born, genetic testing determined that David was the biological father. The child, a boy named Matthew, lived with Samantha. Raymond and David had regular parenting time. All three adults consistently referred to each other as Matthew’s parents, both publicly and privately.

The parties began to disagree about parenting issues and access to Matthew. As their relationship deteriorated, Raymond and David filed a joint petition in New York Family Court against Samantha, seeking legal custody and shared parenting time. Samantha filed a cross-petition seeking sole custody of Matthew, with reasonable visitation for Raymond and David. No one disputed the existence of their tri-parenting agreement. All parties agreed that Raymond should have standing to seek custody and visitation. But because Raymond was seeking custody of a child who already had two legal parents, the court asked the parties to submit memoranda of law regarding the question of a third parent’s standing in custody disputes. The court ruled on whether Raymond had standing.

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