In March 2017, I noted that some courts had moved toward recognizing “unconventional” families, highlighting Dawn M. v. Michael M., a decision awarding tri-custody to a threesome who had agreed to conceive and raise a child together. But another New York court considering the same issue recently reached the opposite conclusion in Tomeka N.H. v. Jesus R. The decision in Tomeka N.H. shows how difficult it is for modern families to know which parental rights will be upheld by the courts. Until the Legislature addresses the issue, tri-custody will continue to be debated by the courts—leaving many families without the certainty they deserve.
Read moreModern Family? No Problem, Say the New York Courts
If the twenty-first century has made anything clear, it’s that no two families are alike. Couples are creating multiracial families by adopting from different countries. Same-sex spouses are rearing biological children as a result of innovative procedures like artificial insemination and surrogacy. Couples are choosing to raise children in committed partnerships rather than marriages. Today, the family unit ranges from single-parent households to families with three or more parents. With the constantly evolving social landscape, courts are breaking from custom and proving to be more accepting of “unconventional” families.
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