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.