How Does The Law Address Child Custody Issues Arising From A Same-Sex Divorce?
Due to the differences in same-sex marriage laws between states and the relative newness of this area of law, it is hard to find a standard or precedent to adhere to when dealing with child custody cases arising from same-sex divorces.
Since the case law is minimal, most courts treat these cases in the same manner as their heterosexual counterparts.
However, there are cases in which that is not possible and exceptions and special consideration must be applied.
Let's take a look at how the law approaches this topic so far.
Did You Have Your Son Or Daughter During Marriage? Just like heterosexual couples, any kid born or adopted during the marriage is considered the legal son or daughter of both parents.
This is true even if they are the product of a former relationship.
It even still holds water in states that do not recognize gay marriage.
If you are considered legal co-parents by the court, you will both have a right to sue for custody or visitation in the aftermath of a divorce.
Second Adoption Second adoption, or as some states refer to it, "co-parent adoption," is a specially recognized adoption where the partner of a biological or adoptive parent is allowed to adopt his or her child without terminating his or her rights.
In this situation, each partner is then considered a legal parent, except within states that do not recognize these types of proceedings.
Therefore, it is best to check with your particular state's laws to see if second parent adoption is recognized in the courts before using it as a reason to gain child custody or visitation.
De-facto Parents If an adult with no legal standing has played a parental role in a child's life and accepted all parental responsibilities, as well as referred to him or herself as the child's parent, they may have standing in some states to fight for child custody.
If you feel that you have developed a strong emotional bond, many courts feel that it is not in the child's best interest to lose that connection.
Unfortunately, this can be hard to prove.
Remember, above all else, your son or daughter's happiness is the most important factor.
If the fighting that caused the original rift between you and your partner escalates into keeping your child away from each other out of spite, consider that this can truly damage their welfare.
Since the case law is minimal, most courts treat these cases in the same manner as their heterosexual counterparts.
However, there are cases in which that is not possible and exceptions and special consideration must be applied.
Let's take a look at how the law approaches this topic so far.
Did You Have Your Son Or Daughter During Marriage? Just like heterosexual couples, any kid born or adopted during the marriage is considered the legal son or daughter of both parents.
This is true even if they are the product of a former relationship.
It even still holds water in states that do not recognize gay marriage.
If you are considered legal co-parents by the court, you will both have a right to sue for custody or visitation in the aftermath of a divorce.
Second Adoption Second adoption, or as some states refer to it, "co-parent adoption," is a specially recognized adoption where the partner of a biological or adoptive parent is allowed to adopt his or her child without terminating his or her rights.
In this situation, each partner is then considered a legal parent, except within states that do not recognize these types of proceedings.
Therefore, it is best to check with your particular state's laws to see if second parent adoption is recognized in the courts before using it as a reason to gain child custody or visitation.
De-facto Parents If an adult with no legal standing has played a parental role in a child's life and accepted all parental responsibilities, as well as referred to him or herself as the child's parent, they may have standing in some states to fight for child custody.
If you feel that you have developed a strong emotional bond, many courts feel that it is not in the child's best interest to lose that connection.
Unfortunately, this can be hard to prove.
Remember, above all else, your son or daughter's happiness is the most important factor.
If the fighting that caused the original rift between you and your partner escalates into keeping your child away from each other out of spite, consider that this can truly damage their welfare.
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