Legal Rights for Ellen and her son
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Ellen desperately needs rights to her son!
Ellen Dietz is the mother (non-biological) of a son born prior to the enactment of the Marriage Equality Act. Although Ellen has been in her son's life from the decision to have a child through insemination and his birth, she has never had legally recognized parental rights to her now six year old son. When she initially tried in Family Court years ago, she was classified as “a legal stranger”. Thankfully, in August 2016, the NYS Court of Appeals (New York's highest court) overturned the case Alison D. which discriminated against the non-biological parent in a same sex family. Happily, the new legal standard now reads:
"We agree that, in light of more recently delineated legal principles, the definition of "parent" established by this Court 25 years ago in Alison D. has become unworkable when applied to increasingly varied familial relationships. Accordingly, today, we overrule Alison D. and hold that where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody under Domestic Relations Law § 70." [Brooke S.B., NYS Court of Appeals, August 2016]
Ellen’s son was, yet again, taken from her on September 9, 2016. Based on the change in the law, Ellen has been able to file for custody and her case is presently proceeding, albeit slowly. Without assistance, Ellen's son could be without his Mommy for six months or longer (an eternity to a child). We are confident that Ellen will finally receive legally recognized rights as a parent to her son after she proves that she has "standing". However, the legal proceedings will require extensive legal work as this is groundbreaking litigation.
Please consider a donation to Ellen so that she may afford the significant legal fees, as it’s going to be a long, heart wrenching process. The progress that has been made for same sex parents by the recent change in the law will be for naught if an affected parent and child are unable to afford to see the case through, hence this urgent plea for help.
Please share this page and thank you.
Ellen and her little boy - Topsail, North Carolina 2015
Ellen Dietz is the mother (non-biological) of a son born prior to the enactment of the Marriage Equality Act. Although Ellen has been in her son's life from the decision to have a child through insemination and his birth, she has never had legally recognized parental rights to her now six year old son. When she initially tried in Family Court years ago, she was classified as “a legal stranger”. Thankfully, in August 2016, the NYS Court of Appeals (New York's highest court) overturned the case Alison D. which discriminated against the non-biological parent in a same sex family. Happily, the new legal standard now reads:
"We agree that, in light of more recently delineated legal principles, the definition of "parent" established by this Court 25 years ago in Alison D. has become unworkable when applied to increasingly varied familial relationships. Accordingly, today, we overrule Alison D. and hold that where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody under Domestic Relations Law § 70." [Brooke S.B., NYS Court of Appeals, August 2016]
Ellen’s son was, yet again, taken from her on September 9, 2016. Based on the change in the law, Ellen has been able to file for custody and her case is presently proceeding, albeit slowly. Without assistance, Ellen's son could be without his Mommy for six months or longer (an eternity to a child). We are confident that Ellen will finally receive legally recognized rights as a parent to her son after she proves that she has "standing". However, the legal proceedings will require extensive legal work as this is groundbreaking litigation.
Please consider a donation to Ellen so that she may afford the significant legal fees, as it’s going to be a long, heart wrenching process. The progress that has been made for same sex parents by the recent change in the law will be for naught if an affected parent and child are unable to afford to see the case through, hence this urgent plea for help.
Please share this page and thank you.
Ellen and her little boy - Topsail, North Carolina 2015Organisator
Ellen L Dietz
Organisator
New Paltz, NY