Bizarre Child Custody Case: NY Judge Grants Ex-Threesome Partners Equal Parenting Rights To Their 10-Year-Old Child

By Amanda Moore, Parent Herald March 14, 04:00 am
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A judge in New York handed down a landmark tri-custody decision in the case of individuals in a former polyamorous relationship and their right to raise their 10-year-old boy.
(Photo : Joe Raedle/Getty Images )

A New York judge granted the most bizarre child custody ruling involving the case of three parents who used to be in a polyamorous relationship. They now share equal parenting rights to their 10-year-old child because of the judge's landmark tri-custody decision.

Former couple Dawn and Michael Marano, who were married in 1994, had a consensual polyamorous relationship with their neighbor Audria Garcia in 2001. In 2007, Garcia bore and gave birth to a son with Michael as the biological father.

Dawn, who was infertile, took an active part in Garcia's pregnancy, the baby's birth, as well as in raising the boy. In 2008, however, Garcia and Dawn decided to become exclusive, leaving Michael out of the picture.

Michael sued Garcia for child custody and Dawn divorced Michael. Dawn had no biological right to the 10-year-old boy so, feeling left out, she sued for custody as well, according to the New York Post.

This family's unusual case had no precedent, which made the ruling decision harder for Judge H. Patrick Leis III. The judge instead cited the case of Brooke S.B. in his decision to award tri-custody, as per Jezebel.

Brooke S.B.'s case allowed adoptive parents the custody of the child if there was an established relationship between the child and the parent. In this bizarre case, Dawn did have a relationship with their 10-year-old son dating as far back as Garcia's pregnancy. The boy also testified and acknowledged both women are his mothers.

The court granted Garcia residential custody, meaning their son will live with her, while Michael has weekend custody. The court also granted Dawn custody for Wednesday nights and during certain school vacations.

The judge cited the decision was in the child's best interest as all his parents were willing to raise him in a loving environment. The women accepted the decision but Michael expressed he will file an appeal.

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