Divorcing same-sex partners with children face unique challenges. The letter and implementation of the law are sometimes unfair to these couples, and matters are complicated further by constant rule changes. Because of this, it’s important for parents to hire a Same Sex Divorce Attorney in Brooklyn NY, to reach an agreement on child custody issues. Below is a brief summary of the basic rules for same-sex parents.
If Both People are the Legal Parents
Same-sex couples can be legal parents for a variety of reasons. If the child was born into a registered partnership, civil union, or marriage where non-biological parents can get full parental rights, or if the child was adopted jointly, both parties are the child’s legal parents. If both parties have equal rights, child custody disputes are handled just as in a conventional divorce. Judges consider multiple factors when arriving at a decision that protects the child’s interests.
If One Person is a Legal Parent
In cases where only one person is the legal parent, The Law Offices of Elan Wurtzel will handle the case differently. It does not matter why the other party is not legally a parent. In many areas, these parents have no legal right to physical custody or visitation. Conversely, these parties also have no financial obligation to the other partner’s children.
When Visitation is Denied
If a parent denies visitation because they want to avoid contact with an ex-partner, they should consider whether the children consider that person to be a parent and how the end of the relationship will affect those children. Second parents being denied visitation with a child they’ve helped to raise should ask these questions:
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Does the state allow a claim for visitation for non-legal parents, and which procedures must be followed?
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If the state has no legal procedures, is it possible to set a legal precedent? Same-sex parents should remember that doing this will expose their personal relationships to intense legal scrutiny.
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Is the parent willing to attempt changing the law by taking the case to an appellate court?
Same-sex couples have recently gained the right to marry in many areas, and with that right comes the responsibility to handle divorce and child custody in a reasonable manner. Regardless of a parent’s position in a custody dispute, they should hire a Same Sex Divorce Attorney in Brooklyn NY, before taking any action.
