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Case Citation: Counihan V. Bishop

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Case Citation: Counihan v. Bishop, 974 N.Y.S.2d 137 (App. Div. 2013).
Procedural History: Plaintiff filed for divorce on January 2013 and sue for custody or visitation right to the child in Supreme Court, Suffolk County. The Supreme Court determined without a hearing that the plaintiff lack standing because she was not the biological or adoptive parent of the child and gave sole custody to the defendant. The Plaintiff appealed to the Appellate Division.
Statement of Facts: The couple got married in Connecticut because New York had not yet enacted Marriage Equality Act. Due to the fact that the married couple was the same sex defendant was artificially inseminated and gave birth to a child in September 2010. The child’s birth certificate

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