A judge in New York has marked a first for the state and awarded an unconventional family “tri-custody” after lengthy divorce and custody battle. The father of the child will retain an equal share in parenting time with his ex-wife and their former neighbor, the biological mother of the child.
The issue arose after the father and his wife, who had struggled to conceive a child, met their neighbor and all three began an open, intimate relationship. For some time, the three lived together as one family, and the neighbor ultimately conceived a child. However, the arrangement eventually fell apart when the two women left the father and took the child with them.
After a great deal of time deliberating and considering the best interests of the child, the judge hearing the case ruled that all three parents should share in the raising of the child. Among the factors the judge considered was the apparent love and affection that the child shared for all three of his parental figures.
Much of the conflict in the matter was derived from the father’s former wife wishing to retain parental rights, despite not being a biological parent, while the father was not in favor of all three sharing custody.
Custody arrangements can mean many things beyond the standard remedies, and ultimately center on what is truly best for the child at the heart of the negotiation. If you are facing a custody negotiation, it is always wise to enlist the guidance of an experienced attorney who can help protect your rights and the best interests of the child you love.
Source: KTLA, “New York Judge Gives Custody of Child to 1 Dad and 2 â€˜Momsâ€™ in â€˜Tri-Custodyâ€™ Agreement,” March 14, 2017