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Custody Battles Brought By Abusers Who Are Not Legal Parents of the Children: How Has Brooke S.B. Changed the Rules?  

Author:  Nancy Erickson.

Source: Volume 10, Number 03, Winter 2018 , pp.7-35(29)

Family & Intimate Partner Violence Quarterly

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In this comprehensive expert legal analysis of a landmark decision by the New York State Court of Appeals—the highest court in that state—attorney Nancy S. Erickson explains the implications of this ruling for battered mothers and LGBT couples who wish to protect their children from an abusive ex-partner who files legal claims for custody or visitation. As Ms. Erickson points out, Brooke S.B. changed the rules in the direction of benefitting both abused women and gay/lesbian couples—a “win-win” for both of these groups, who historically have faced daunting challenges in their attempts to gain safety and freedom for themselves and their children post-separation. Note: An amicus brief submitted to the NYS Court of Appeals by Sanctuary for Families, the Battered Mothers Custody Conference, and a number of other DV-related organizations is included in full in the electronic version of this issue of FIPVQ.

Keywords: Brooke S.B. v. Elizabeth A.C.C.; LGBT couples; “Legal Parent”; “Standing” To Seek Custody Or Visitation; “Functional Parent” Test

Affiliations:  1: Attorney at Law.

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