In his March 8, 2017 decision in Dawn M. v. Michael M., Suffolk County Supreme Court Justice H. Patrick Leis III granted a wife “tri-custody” of her husband’s ten-year-old biological son with the wife’s paramour.
Dawn and Michael M. were married in 1994. After unsuccessful attempts to have a child, the couple attempted artificially insemination. Those efforts also failed.
In 2001, the wife met Audria and they became close friends. Audria and her boyfriend moved into an apartment downstairs from Dawn and Michael. When Audria’s boyfriend moved out, Audria moved upstairs. In 2004, the wife, husband and Audria began to engage in intimate relations.
As time went on, Audria, Dawn and Michael began to consider themselves a “family” and decided to have a child together. After the fertility doctor refused to artificially inseminate Audria because she was not married to Michael, the trio decided to conceive a child naturally by Michael and Audria engaging in unprotected sexual relations, and then, to all raise the child together as parents.
A son, J.M., was born to Audria in January, 2007. For more than 18 months, the three “parents” continued to live together. The child was taught that he had two mothers. When the relationship between the husband and the wife became strained, Audria and the wife moved out of the marital residence with the child.