In re custody of Rosie O’Donnell’s partner’s daughter, Vivienne.
WHO SHOULD GET CUSTODY OF KELLI CARPENTER’S BIOLOGICAL DAUGHTER VIVIENNE? ROSIE? OR KELLI?
A high profile New York divorce attorney recently said on Entertainment tonight, in reference to the Rosie O’Donnell divorce: “If the youngest child was not adopted by Rosie, then Rosie will not have a claim to custody in New York State, absent an agreement.”
But I am not so sure about that. I wrote an article that appeared in the New York Law Journal a couple of years ago about the issue of EQUITABLE PATERNITY after an interesting ruling by the Court of Appeals in a case you can read about here: http://thejournalofmariontdlewis.blogspot.com/2008/05/who-or-what-is-parent.html
I think that if in fact the Rosie/Kelli “marriage” has ended, Rosie can claim “equitable maternity” and fight custody and visitation on the basis of what the Court of Appeals in the State of New York found in the case referenced in the article linked above. (I put marriage in quotes because there is some question whether the 2004 California marriage between the parties is valid or whether it was outlawed by subsequent legislative action.)
By New York Divorce Attorney: www.mynewyorkdivorceattorney.com