Same-sex parents aren't immune to breakups. Yet, they may have difficulty deciding how to handle child custody and child support, particularly in cases where a surrogate was used. While you might think the courts would have processes in place for addressing these issues, child support and child custody for same-sex parents may still be relatively 'new' for some courts.
For the last three decades, about half of all marriages have ended in divorce, and many of these couples had children. The law concerning parental rights and access to children after divorce has shifted and changed through state law and modern trends. The chief consideration for court decisions involving contested custody and parental responsibility today is what arrangement is in the best interest of the child, or children, involved.
An Arizona woman is making a last-ditch effort to avoid sharing custody with her ex-wife. Supreme Court to overturn last year's ruling by Arizona's high court. Court records show Kimberly and Suzan McLaughlin, legally married in California in and agreed to have a child through artificial insemination using an anonymous sperm donor.
In today's world, with a growth in diversity and a growing acceptance of equality in society, it is not uncommon for one of the divorcing parties in a child custody case to be homosexual. Particularly in cases of divorce, this can raise many emotions for the other spouse and may cloud their view of the things that the court can and will consider when determining custody of a child. In theory, the government, including the courts, cannot discriminate against you based on your sexual preference.
Updated: September 11, pm. PHOENIX -- Saying biology matters, an Arizona woman is making a last-ditch effort to keep from being forced to share custody of her child with her former wife. Supreme Court to overturn last year's ruling by the state's high court, which concluded that Suzan McLaughlin had the same right to claim parentage as if she had been Kimberly's husband.
California is definitely one state that has been blazing a path for same-sex couples to enjoy the benefits of marriage, but child custody is still an area of the law that is developing. If you are getting a divorce or ending your domestic partnership and you have children together, our advice is to do everything you can to end things amicably. This means try to work things out yourselves.
Call in a competent Peoria family lawyer when you are filing a lawsuit for child custody in a same-sex relationship or marriage. Since the law regarding such relationships is still in a nascent stage, there may be several complications with these cases. We have an in-depth understanding of the Illinois' laws, as well as experience with similar cases.
LGBT relationships are still a relatively new construct in a legal system that has traditionally been focused almost exclusively on two-parent, opposite gendered relationships. Some courts lag behind in addressing custody issues with same-sex partners, mostly due to inexperience and inconsistency in the laws. Because same-sex parents cannot biologically birth children together, the legal definition of who qualifies as a parent is more complex in LGBT custody cases. One partner may be the legal parent, either from biological birth or adoption.
The right for same-sex couples to marry, and also divorce, has been in place in the U. Same-sex relationships have normalized somewhat from being a unique anomaly to a run-of-the-mill occurrence. Adoptions by same-sex parents are even a normal happening and not something unusual or remarkable.
By Shae IrvingJ. If you are splitting up with a same-sex partner and you have children, you are likely to face some difficult challenges. The law -- both as it is written and as it is practiced -- can be very unfair to same-sex parents. Making matters even messier, the legal rules change constantly.