Archive for the ‘Same-sex Divorce’ Category

What Are The Most Common Parental Custody Issues For Same Sex Couples?

Thursday, July 20th, 2017

In same-sex marriages (and divorces), it has become very clear that the biological parent has an overwhelming amount of control with regards to child custody. However, this does not necessarily apply to child support, as that is up to the discretion of the court.

In my opinion, the overall biggest issue for same-sex couples is the fact that they might have to file for divorce, child custody, and child support in more than one state (due to the jurisdiction issues).

Here are 3 common issues that same-sex couples with children are facing when getting divorced:

– If both parents are legal parents, then both parents are legally equally entitled to custody of the child. This requires a lot of time and effort (and money) to be spent on deciding over all the mitigating factors that go into awarding custody.

– If only one of you is the legal parent, it is often the case that the non-biological/non-legal parent has no rights at all, and moreover, they cannot try for legal custody, much less physical custody. Even more troubling, even seeking visitation is not on the table, which can really ruin a parent-child relationship.

– If the court decides that there is a legitimate claim for visitation, the legal parent can deny any visitation to the child if they see fit. Although this can be contested, the legal parent can hide their true reasons for not wanting to give visitation, and really alienate the former parent/guardian.

If you need legal assistance regarding child custody or same-sex divorce, contact Paul E Rudder, Esq., a dedicated child custody lawyer in New York City. Call 212-826-9900 to schedule a consultation today.

What Are Some Divorce Challenges Same-Sex Divorcing Couples Face?

Monday, July 10th, 2017

Although it was a triumphant victory when same-sex marriage was legalized in a number of states, marriage equality does not always mean divorce equality. Issues of division of marital estate, custody, and spousal support are obstacles that many same-sex couples experience when they try to get divorced.

For those who don’t live in a state that recognizes same-sex marriage, the only way they can go about getting divorced, legally, is to move to a state that will recognize your marriage. On top of that, you need to live there for at least 6 months, which is usually the minimum for residency requirements. Once you are considered a resident of that state, you may then file for a divorce there.

Prenuptial agreements are often a good idea for any couple, including same-sex couples, because it clearly outlines who owns which assets and, in the event of a divorce, how will the other assets be divided.

Another problematic situation arises when the couple can’t agree on custody. If the child has one non-biological parent, and that biological parent wants custody, it becomes very difficult to contest that because of how the law is interpreted. A good strategy is to have the non-biological parent legally adopt the child when it is born because even if the marriage ends or is not even recognized, the adoption papers would not be contested.

If you are in a same-sex marriage and want to get divorced or if you have questions about child custody, contact a top-rated same-sex divorce attorney in NYC today. Call Paul E Rudder, Esq. at 212-826-9900.