Appellate Division Affirms Visitation Rights of Kramer Levin Pro Bono Client

Kramer Levin has won unanimous affirmance in New York Supreme Court, Appellate Division, Second Department, of an important ruling protecting the rights of non-biological parents. The court held that Kramer Levin pro bono client Estrellita Arriaga, having been found for purposes of child support to be the parent of her former partner's biological child, also had standing to seek visitation.  

In 2007, Ms. Arriaga and her partner, Jennifer Dukoff, decided to have a child, and Ms. Dukoff became pregnant. They then raised the child together until they ended their relationship in 2012. Ms. Dukoff sought child support from Ms. Arriaga alleging that, although Ms. Arriaga was neither a biological nor adoptive parent, she was their child’s parent based on conduct. The Family Court agreed and held that Ms. Arriaga was a parent of the child in common with Ms. Dukoff.  Ms. Arriaga then sought visitation rights as a legal parent of the child. The Family Court agreed that Ms. Arriaga had standing as a parent to seek visitation and found that visitation would be in the best interest of their child.
 
Ms. Dukoff appealed, arguing that New York law does not recognize Ms. Arriaga’s standing to seek visitation because they were never married and she was not a biological or adoptive parent. In response, Kramer Levin argued that Ms. Arriaga was already a legally recognized parent based on the adjudication in the support proceedings, which was based on Ms. Dukoff's own allegation that Ms. Arriaga was a parent, and that Ms. Dukoff was judicially estopped from successfully claiming in one proceeding that Ms. Arriaga was a parent and then denying the same fact in another proceeding. The Appellate Division agreed and affirmed that Ms. Arriaga had standing to seek visitation of her child, thereby ensuring fairness for non-biological parents determined to have parental obligations.

The Kramer Levin brief was written by associate Andrew J. Estes, with oversight by partner Jeffrey S. Trachtman and assistance from associate Jessica Witte and summer associate Aaron Webman. Susan G. Mintz of Gervase & Mintz P.C. served as co-counsel.