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A Long Island threesome who split after they raised their son with two mothers and a father have been granted 'tri-custody' of the 10-year-old boy in a historic New York ruling.

Michael, 50, and Dawn Marano, 47, from Bay Shore had been raising their son along with their downstairs neighbor Audria Garcia, 48, the boy's biological mom, The New York Post reported.

Suffolk County Supreme Court Judge H. Patrick Leis III granted custody to all three parents in an unprecedented ruling. 

 

 

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Threesome: Audria Garcia (left), 48, conceived the threesome's son (pictured) with Michael Marano, 50, because his wife Dawn Marano (right) was infertile

 

 

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Tri-custody: Michael Marano, 50, is the biological father of the boy, but split with his wife in 2008

The Maranos married in 1994 and had been living in a conventional marriage up until they began to have 'intimate relations' with Garcia when she moved in with the couple in 2001.

In 2007, Mr Marano and Garcia conceived their son because Mrs Marano was infertile, court documents state. The threesome agreed raise the child together.

 

 

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Three parents: Audria and Dawn began their own love affair in 2008 and moved into their own home

 

 

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Dawn Marano fought for custody of the boy because although she was his parent, she did not have any biological or legal rights

The wife's insurance covered Garcia's pregnancy and the two women nursed the baby and attended doctor appointments together.

After 18 months in the polyamorous relationship, the threesome split in 2008 when Mrs Marano and Garcia moved into a new home after they decided to have their own partnership.

 

 

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In a historic ruling Suffolk County Supreme  Court Judge H Patrick Leiss III granted all three parents custody 

The breakup took a messy turn when Mr Marano sued Garcia for custody of their biological son and Mrs Marano filed for divorce, the paper said.

The case went to trial after the biological parents agreed to joint custody, but Mr Marano opposed his ex-wife's custody bid.

Dawn Marano had filed a suit asking for rights for the boy because she is not a legal or biological parent to her son.

The woman said she did not want to have consent from the real parents to see the child.  

After the boy testified in court and identified the two women as his 'mommies', Leis granted Dawn Marano Wednesday nights with the 10-year-old.

She was also given one week of vacation during the school year and two weeks in the summer, while Garcia has residential custody. 

'No one told these three people to create this unique relationship,' the judge said during the ruling. 

Leis also told Michael Marano that no one told the father 'to conceive a child with his wife's best friend', the New York Post said. 

The father was granted rights to see the boy on weekends. 

While the two women were happy with the decision, Michael told the paper he was going to file an appeal.