A Manhattan appeals judge has sent a landmark lesbian custody case back to the lower court to consider the best interests of the former couple’s adopted 8-year-old son.

Last April, Judge Frank Nervo awarded full custody to photographer Circe Hamilton finding that her ex, businesswoman Kelly Gunn, gave up her quest for a child when they broke up in 2009.

Hamilton went on to adopt a boy named Abush from Ethiopia in 2011.

But a unanimous ruling by the five-judge appellate panel Tuesday found that Nervo never considered Abush’s bond with Gunn.

“Here, the child’s voice is totally silent,” the panel wrote.

They ordered the lower court to reconsider the case.

Gunn was the first to file a lawsuit after the state’s highest court redefined parenthood in 2016. The ruling — hailed as a major victory by the LGBT community — says that non-adoptive and non-biological parents can sue for custody.