While same-sex marriage and divorce are now legal throughout the country, the specifics of each situation are still being worked out on a state level. One of the biggest questions for most LGBT couples who are now seeking a legal divorce in their state is what will happen to any children they share. In some states, it may not have been possible for a non-biological parent to adopt the child of their same-sex partner. Or perhaps it was possible in your state, but you never made it legal. Whatever the situation, you may wonder what your options are for pursuing custody or visitation with your child after a divorce.
Professional mediation between you and your ex-spouse regarding child custody will most likely be the easiest, fastest, and least expensive option. However, for a successful mediation, both parents will have to be willing to negotiate together with the help of their lawyers or a mediator. You should also keep in mind that if you decide that you want to share legal custody of the child and you are not yet the legal parent, you will have to go through steps to legally adopt the child. Recently, a federal court has ruled that same-sex adoption is legal, meaning that even if you were unable to adopt the child before, you should be able to now.
Forging New Precedence In Court
If you have to take your case to court because your spouse is uncooperative or you want more rights than they are willing to consent to, then it is likely that you will be involved in forging new precedence in court. This means that your relationship to your ex-spouse and your child may be examined in depth in order to allow a judge to determine when and how a parent-child relationship exists. This can be both time consuming and emotionally draining, so it is best to be prepared and hire an experienced lawyer who can guide your case.
Taking Your Case to Appellate Court
If there is already precedence in your current court system that does not allow non-biological parents who have not legally adopted their children parental rights, then you may have to take your case to appellate court in your region. This will be a time consuming and potentially expensive process, but is an important step to getting local laws overturned so LGBT parents can continue having access to their children after a divorce.
Contact an LGBT divorce lawyer for help in this process.Share
11 May 2016
Family attorneys are hired to help families through all sorts of things. Everything from divorce, child custody and adoption can be handled by a family attorney. If you are planning to adopt a child, you will need an attorney to help ensure that everything goes well. There are so many documents that need to filed, inspections to be performed and approvals to receive. This blog will cover all different kinds of cases and situations that a family attorney may be able to help your family with. Everything from the good to the bad will be discussed right here on my blog.