Lamenting what he called an “imbalance of remedies,” Nassau County Family Court judge has denied joint custody to a woman now separated from her same-sex partner, even though current law might make custody available to a man under similar circumstances.
Judge Edmund Dane (See Profile) dismissed Jann P.’s joint custody petition on June 30 in Jann P. v. Jamie P., V-XXXXX-13, even though the couple’s separation agreement stipulated that the boy would only be raised by the two women. Dane said the law was “clear that a non-parent may not use the doctrine of equitable estoppel to assert a right to custody or visitation.”
