What Are Non-Biological Parent Rights in Same-Sex Divorce in New York? - Juan Luciano
Episode notes
From Juan Luciano Divorce Lawyer - What Are Non-Biological Parent Rights in Same-Sex Divorce in New York? explores how non-biological parents can secure custody, visitation, and decision-making authority during a same-sex divorce in Manhattan and throughout New York City. Manhattan same-sex divorce lawyer Juan Luciano breaks down how legal parentage is established, why the Child-Parent Security Act (CPSA) reshaped family law, and what steps parents must take to protect their rights before and during proceedings in the New York County Supreme Court.
Listeners will gain clarity on how New York defines a legal parent under DRL § 240, the marital presumption, second-parent adoption, and judgments of parentage under FCA § 581-202. The episode explains how the Child Support Standards Act (CSSA), codified in DRL § 240(1-b) and FCA § 413, applies equally to both parents once legal parentage is established. Whether a case is heard in Manhattan Family Court at 60 Lafayette Street or in the New York County Surrogate's Court, understanding these statutory frameworks can make the difference between securing parental rights and facing unexpected legal barriers.
The discussion also examines the landmark New York Court of Appeals decision in Brooke S.B. v. Elizabeth A.C.C., which overturned Alison D. v. Virginia M. and expanded standing for non-biological parents under DRL § 70. In the wake of the Marriage Equality Act and Obergefell v. Hodges, New York courts now recognize evolving family structures, allowing parents to prove a pre-conception agreement by clear and convincing evidence. Juan Luciano explains how these precedents affect custody disputes, child support obligations, and best-interests determinations in same-sex divorces across Manhattan, the Bronx, and Westchester County.
Attorney Juan Luciano, Esq., a graduate of the State University of New York at Buffalo School of Law and admitted to practice before the New York Supreme Court Appellate Division, Second Department, shares insight drawn from decades of family law practice. Certified by the Appellate Division, First Department and a former President of the Bronx Family Court Bar Association, with contributions featured in the New York Law Journal and the Wall Street Journal, Juan Luciano provides practical guidance for parents navigating divorce, second-parent adoption, CPSA judgments of parentage, and complex custody disputes. If you are facing a same-sex divorce in New York City, this episode offers the legal foundation you need to move forward with clarity and confidence.
Juan Luciano Divorce Lawyer - Manhattan
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