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MATTER OF FERN G. v. KIM J.

Docket No. V15473/19. Appeal No. 15524. Case No. 2021-02525.

203 A.D.3d 510 (2022)

161 N.Y.S.3d 770

2022 NY Slip Op 01736

In the Matter of Fern G., Respondent, v. Kim J., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2022.

Attorney(s) appearing for the Case

Steven N. Feinman, White Plains, for appellant.

Latham & Watkins LLP, New York (Tyce R. Walters of counsel), for respondent.

Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), attorney for the child.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

A nonbiological, nonadoptive parent has the legal status of a parent, and thus has standing to pursue custody of a subject child, if it is shown by clear and convincing evidence that the petitioner "agreed with the biological parent of the child to conceive and raise the child as co-parents" (Matter of Brooke S.B. v Elizabeth A.C.C., 28 N.Y.3d 1, 28 [2016]).

Here, clear and convincing evidence presented at the hearing, including...

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