Husband and Wife had no children.
Husband and Wife meet Girlfriend, who lives in an apartment in their house.
Husband and Wife begin a “threesome” with Girlfriend.
Since Wife was not able to get pregnant, Girlfriend becomes pregnant by Husband.
This happens according to plan and agreement of the three to raise Boy together after his birth.
Wife and Girlfriend both attend all obstetrical visits and alternate overnight feedings and care of Boy after his birth.
In time, Husband and Wife drift apart and … Wife and Girlfriend become a couple. And move out of Husband and Wife’s marital residence, which they had all been living in.
Again, in time, Husband sues Girlfriend to establish his paternity rights.
Whereupon Wife sues Husband for divorce.
In the meantime, Husband and Girlfriend settle their case by agreeing upon joint custody of Boy.
Then, for good measure, Wife sues Girlfriend and Husband to establish herparental rights to Boy.
Now, up until this point, the law has only recognized two legal parents per child.
But this is a pretty unique case.
And based on the unique facts of the case, including the parties’ agreement, the New York Family Court finds that all three, Husband, Wife and Girlfriend have parental rights over Boy.
Also key is Wife’s established maternal relationship with Boy.
Timesharing (if parties don’t agree otherwise) is divvied up as follows:
- Wife has Wednesday overnights, one week of vacation during the school year and two weeks over the summer
- Husband has weekends and
- Girlfriend has the rest.
Read more in
- this New York Post article: Historic ruling grants ‘tri-custody’ to trio who had threesome and
- this New York Magazine’s The Cut article: Ex-Polyamorous Trio Granted ‘Tri-Custody’ of Their Child by a New York Judge