Why skilled representation is so vital in same-sex custody cases
No matter how prepared a person may be, going through a divorce will more than likely prove to be a rather draining experience for them from both a physical and emotional perspective.
That’s because they not only have to deal with the emotional gravity of seeing their marriage come to an end, but also cope with stressful issues like spousal support, property division and, of course child custody.
What makes child custody so especially enervating is that while parents want to do everything in their power to insulate their kids from the divorce, there is really no way to do that as living arrangements will change and visitation schedules will become the norm.
However, as complicated as child custody matters can be, they are often even more complicated for same-sex couples who are either divorcing or separating. The reason? Many of these couples will have to deal with an additional set of legal obstacles when attempting to assert their parental rights.
What are some of these legal obstacles?
- If any children in the same-sex relationship were adopted, the non-adoptive parent is not considered to have equal parental rights.
- If any children in the same-sex relationship were born via egg or sperm donors, the parent who did not physically contribute is not considered to have equal rights.
This is not meant to discourage, but rather to underscore just how important it is for any person involved in a same-sex divorce or separation to consider retaining the services of an experienced legal professional as they can examine the unique circumstances of their case, explain the law as it relates to child custody and explore all viable options.
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