I wish Cynthia Nixon and Christine Marinoni all the best with their just-announced marriage. Nixon is a high-profile mom and a great spokesperson for our community.
She should talk with a lawyer, however.
In her speech last week during a New York marriage equality rally, she announced her engagement and also asserted that Christine, the stay-at-home mom, has no legal right to their children if Nixon dies. She said this back in November as well.
As I pointed out then, however, and will do again, the children are legally Nixon’s and her ex-husband’s. Even if Nixon was remarrying a man, her second husband would have no legal rights to the children unless her first husband waived his. Nixon’s ex, Danny Mozes, is still involved with the children and seems unlikely to do this.
LGBT family law expert Nancy Polikoff confirms my analysis at her blog, and adds some insight into New York custody law.
A cautionary tale for stepparents of all orientations. Marriage brings a lot of benefits, but it’s not a panacea.
