Liberals claim that legalizing same-sex marriage will take the confusion out of such bizarre parental custody cases.
-- From "This transgender custody battle is odd, even for New York" by Scott Shifrel, New York Daily News Staff Writer 11/2/09
In an unusually tangled custody battle, a Brooklyn mom is fighting her ex - a woman who lives as a man - for custody of her 7-year-old son.
The Brooklyn judge who annulled their 1998 marriage because it was a legal fiction - they put the partner down as "male" on the license - has ruled that the boy's "father" may seek permanent custody, despite having no biological or legal ties to the child.
"When the judge gave him standing to sue for custody, I thought, 'What's happening? She voided the marriage, she knows he is a woman.' It's ludicrous," the boy's mother told the Daily News.
The convoluted case - which includes accusations of abuse - is complex even for New York State.
"The lack of a [same-sex marriage] law leads to confusion for many couples," said Cathy Marino-Thomas of Marriage Equity New York. "There's no doubt this case, no matter which side ultimately wins, will be appealed."
Melanie and Sam [not their real names] decided to become parents and Melanie was artificially inseminated.
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