Transgender man supported in custody case

Nov. 2, 2009 at 12:48 PM
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NEW YORK, Nov. 2 (UPI) -- A New York mother said she is fighting for custody of her son with her former partner, a woman who lives as a man, because of a judge's questionable ruling.

The New York Daily News said Monday the woman and her former partner, identified only by the false names Melanie and Sam, respectively, are mired in a legal custody battle following an October ruling by Brooklyn Justice Esther Morgenstern.

Melanie, who insists she did not know Sam was a woman until their relationship became serious, said Morgenstern gave Sam the right to sue for custody despite their marriage being voided and Sam having no biological connection to the 7-year-old son.

"When the judge gave him standing to sue for custody, I thought, 'What's happening? She voided the marriage, she knows he is a woman.' It's ludicrous," Melanie said.

The couple's 1998 marriage was voided after authorities learned Sam put "male" down on the marriage license.

Sam received partial custody of the unidentified boy, the result of Melanie being artificially inseminated, after the couple split in 2007, the Daily News said.

The court case continues this week with Sam testifying.

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