This transgender custody battle is odd, even for New York

http://www.nydailynews.com/news/2009/11/02/2009-11-02_this_transgender_custody_battles_odd_even_for_ny.html

In an unusually tangled custody battle, a Brooklyn mom is fighting her ex - a woman who lives as a man - for custody of her 7-year-old son.

The Brooklyn judge who annulled their 1998 marriage because it was a legal fiction - they put the partner down as "male" on the license - has ruled that the boy's "father" may seek permanent custody, despite having no biological or legal ties to the child.

"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," the boy's mother told the Daily News.

The convoluted case - which includes accusations of abuse - is complex even for New York State.

"The lack of a [same-sex marriage] law leads to confusion for many couples," said Cathy Marino-Thomas of Marriage Equity New York. "There's no doubt this case, no matter which side ultimately wins, will be appealed."

Read more:http://www.nydailynews.com/news/2009/11/02/2009-11-02_this_transgender_custody_battles_odd_even_for_ny.html#ixzz0Vib2UGOp