Alison D. v. Virginia M

Facts

Petitioner Alison D. and Respondent Virginia M. established a relationship together and decided to have a child together, with respondent being artificially inseminated. The planned the conception and birth together an agreed to share jointly in all rights and responsibilities of child-rearing. Respondent gave birth to a baby boy, who was given petitioner’s last name as his middle name and respondent’s last name as his last name. Petitioner shared all birthing expenses and after birth continued to provide for his support. Petitioner and respondent jointly cared for and made decisions regarding the child for his first two years. When the child was two petitioner and respondent terminated their relationship and petitioner moved out of the jointly owned house. They agreed to a visitation schedule, and petitioner also agreed to continue to pay one half of the mortgage and major household expenses. The child referred to both petitioner and respondent as mommy. Three years l ater respondent bought out petitioner’s interest in the house and began to restrict petitioner’s visitation. The next year petitioner moved to Ireland to pursue career opportunities, but continued to try to communicate with the child. Respondent terminated all contact between petitioner and the child. No dispute exists that respondent is a fit parent. Petitioner commenced this proceeding to seek visitation rights pursuant to New York Domestic Relations Law.