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An ugly tug of war is raging over the fate of a
6-year-old boy being raised by a gay couple who won
custody of the child in a landmark decision in 2000.
Gays hailed the ruling as a major
victory for same-sex couples, but the boy has since
become a troubled kid who punches his teachers and
repeatedly says he wants to kill himself, according to
an expert's report requested by his school.
The report has spurred the mother to
fight for increased access to her son, who has lived
with the two men since the ruling - the first time a New
York court awarded custody to a gay couple over a woman
they claimed to be a surrogate.
The mother says she was never a
surrogate and that she, the father - once a close friend
who worked for her - and his live-in lover intended to
raise the child as a parental trio.
"I just hadn't met the right guy yet,"
said Courtney St. Clement, 52, who had never been
identified in the press or spoken out about her
experiences.
"They held out that they had a lot of
money, and at the time, I felt like I was marrying a
doctor. They said, 'We're a family.' We were supposed to
all live together, but we didn't get that far."
St. Clement, who runs her own
marketing and consulting firm and lives on the Upper
West Side, had no inkling of how badly things would go
for her son, whose name is being withheld by The Post.
He punches and kicks his teachers,
hits and bites himself, curses and says he wants to kill
himself as often as twice a month, according to the new
report, completed in January by NYU's Child Study
Center.
It also says he repeatedly kisses and
touches classmates inappropriately and once ran around
naked.
"[He] is exhibiting significant
behavioral problems at school," said the report, which
was based on a personal evaluation of the boy by two
experts, along with interviews with his teachers and
both parents and their spouses.
It blames his unruliness in part on
the "hostility" between his parents.
"His mother and father have always
lived apart and have had remarkably significant disputes
regarding custody and visitation from very early on,"
said the report, which recommended that the boy be
appointed a law guardian.
He was previously kicked out of PS 116
as a kindergartner in 2002 after just two weeks there
and placed in a private special-needs school on the
Upper East Side.
St. Clement says the family
arrangement broke down after the father, part-time
substitute teacher Gerald Casale, 47, and his partner, a
trusts and estates lawyer, Ernest Londa, 46, stopped her
from seeing the 6-month-old infant in April 1998. She
then sued for custody.
The partners claimed they struck a
deal with St. Clement in which she agreed to carry
Casale's child to term, then step back and allow them to
be sole parents.
"I think Ms. Clement has a certain
bent," said Phyllis Levitas, Casale's lawyer.
"My client and I have given this some
very careful consideration, and we believe that it's not
in the child's best interest to discuss this case with
the media."
Last December, St. Clement challenged
the custody ruling - made by Manhattan Supreme Court
Justice Marylin Diamond - in light of the boy's
disturbing behavior at school, and the boy's
pediatrician requested a follow-up evaluation by a
court-appointed specialist.
In March, an appeals court ruled that
the new judge in the case, Supreme Court Justice Joan
Lobis, reconsider the custody question.
But Lobis refused to take up the
custody issue, denied the evaluation request and
rejected the recommendation for a child guardian,
spurring a motion in which the mother slammed Lobis for
"abdicating her role as judge."
Lobis' office did not respond to The
Post's request for comment.
The mother is part of the Alliance for
Judicial Justice, a group of 200 litigants who suspect
their cases were tainted by judges' personal interests,
led by activist Anthony DeRosa.