In Re C.A.C

Facts

Dr. Lisa Colon and Victoria Adjmi began a romantic relationship in 1996, and lived together as a committed couple for over 18 years. They built a home together, shared finances and bank accounts. Both women are financially successful. Dr. Colon is a gynecologist and obstetrician and Ms. Adjmi is a businesswoman who owns several retail stores. In 2007 it was decided that Dr. Colon would undergo an artificial insemination procedure. Both women were involved in the selection of the donor, the pregnancy and the birth. Both women agreed that the donor should be Jewish, Ms. Adjmi's faith. The procedure was successful and Dr. Colon gave birth to a baby girl on October 27, 2007. Ms. Adjmi was present at the birth and cut the umbilical cord. The child was named Charlie Adjmi Colon (Charlie) in a tribute to Ms. Adjmi's father. Two days after Charlie's birth, Dr. Colon hand wrote and signed a notarized document that states. 'In the unlikely event of my demise (death) Vicki Susan Adjmi is to attain total/complete/sole custody of Charlie Adjmi Colon.' On April 4, 2008, the parties entered into a 'Domestic Partnership Agreement.' With respect to child custody, they expressed an agreement for joint custody with reasonable visitation with any disputes resolved by mediation. As part of the agreement, Dr. Colon granted Adjmi a power of attorney with respect to the care and upbringing of Charlie in every aspect of a child’s life. If Dr. Colon was to die, Adjmi would be Charlie’s legal guardian. Things went smoothly for seven years until Dr. Colon became romantically involved with Adjmi's sister-in-law (the wife of Ms. Adjmi's brother), Amanda Adjmi, and the couple separated as a result. Dr. Colon resides with Amanda, Charlie and, during their visitation with their mother, Amanda Adjmi's two children. Dr. Colon has taken steps to limit Adjmi's participation in Charlie's life. Dr. Colon has completely barred her from any communications with Charlie's school, does not inform her of school activities, extracurricular activities, or doctor's appointments, and does not allow her to take Charlie on vacation. Dr. Colon acknowledged that there is a love bond between Charlie and Adjmi and that Charlie thinks of Adjmi as a mother. Tina Chaisson, the court-appointed expert, found both parties to have capable parenting abilities. Chaisson stated that a failure to award joint custody of Charlie would result in substantial emotional harm to the child. Chaisson's concern was that if Dr. Colon were granted sole custody, she would have the ability and the inclination to completely cut Adjmi out of Charlie's life. The court awarded joint custody and Dr. Colon appealed. She asserts the trial court violated her constitutionally protected fundamental rights as a natural parent in the award of joint custody and liberal visitation to a non-parent, and in finding substantial harm to the child sufficient to deny an award of sole custody to a biological parent.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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