Non-Parent Petitioner, the “Nongestational” Spouse In a Same-Sex Marriage, Did Not Have Standing to Seek Custody

Family Court properly dismissed a nonparent’s action for custody for lack of standing.  [Apparently (not spelled out) petitioner is the spouse of the biological parent of the child in a same-sex marriage.] … “[P]etitioner, who is neither an adoptive parent nor a biological parent of the subject child, failed to allege the existence of extraordinary circumstances that would establish her standing to seek custody”. Petitioner did not show “the parent has relinquished [his/her] right due to surrender, abandonment, persistent neglect, unfitness, or other extraordinary circumstances” … . In addition, petitioner, as the nongestational spouse in a same-sex marriage, could not establish she was a “parent” within the meaning of Family Court Act 417 and Domestic Relations Law 24. The statutes refer to a biological relationship, not legal status. Matter of Paczkowski v Paczkowski, 2015 NY Slip Op 04325, 2nd Dept 5-20-15