Child Custody for Same-Sex Parents

The concept of same-sex marriage is relatively new and the legal rules pertaining to child custody change constantly. There are several factors that a court may take into consideration before making a decision. If you are looking to terminate your marriage with your partner and want to take custody of your child, you must learn about legal technicalities and hire an experienced divorce lawyer.

Non-married Same-Sex Parents

Since marriage with a same-sex partner was legalized in the United States, many people who were in a same-sex relationship opted for a legal marriage. However, there are some people who do not want to or are unable to do so for various reasons. In such cases, the state in which both of the partners live in will not consider the matter as valid. That means in case there is no legal marriage, they might not be awarded a chance of custody or visitation. The court may only award custody to the individual who is the biological parent. It may also be awarded to the person who has a legal parental right to custody.

The Best Interests of the Child

A state that offers unbiased support to both partners will consider all the factors, primarily the best interests of the child to decide which parent should be awarded the primary or sole custody of the child. Usually, the custody goes to the biological parent, there are instances where the court will grant primary custody to the other parent and the birth parent will only assume visitation rights. In addition to that, if granting custody to one parent is not in the best interests of the child, a court may grant joint custodial arrangement to ensure the well-being of the child.

Biological Connection

There are many states that still grant custody of the child to the biological parent and do not allow the visitation for the other spouse after the divorce concludes. If same-sex marriage is not admissible in the court, it may even disregard any line of reasoning pertinent to the divorce process and child custody conflict. The court may only give importance to the biological parent, thus if the partners do not reach a mutual consensus on how to handle the custodial agreement, it could end in a disastrous situation for one or both partners. Therefore, you should have a competent divorce lawyer by your side to present your argument in an effective way so it can be held in the court.

A skillful divorce lawyer can help you to determine what legal course you should take and how to proceed tactically. Moreover, your attorney will provide advice, counsel and help you choose the best-suited option depending on the circumstances of your case.

If you want to find out more about child custody for same-sex parents or wish to schedule a free consultation session with an experienced divorce lawyer, contact Fitzgerald Law Firm by calling at (630) 946-6060.