Same-Sex Marriage Custody Issues

A same-sex marriage divorce is a challenging process—especially when children are involved. Since same-sex marriage and custodial laws are new and are constantly changing. It can be a difficult process to determine the outcome. There are a variety of factors that the court will consider to determine the custodial situation, including:

Both Partners Are Legal Parents

If both partners are legal parents, this means that both will have equal rights. In this situation, child related disputes will be handled just as a straight divorce—where the judge will consider a variety of factors to determine the outcome that is in the best interest of the child.

Both partners may be legal parents of the child if:

  • The child was born into a marriage
  • Registered domestic partnership/civil union
  • The nonbiological/nonadoptive parent adopted the child through a second-parent adoption
  • The two partners jointly adopted the child

Only One Partner Is the Legal Parent

Unfortunately, California is not on the list of states that allow non-biological and non-adoptive parents to participate in the caretaking of the child or to maintain a parent-like relationship with the child. Another option is for non-biological or non-adoptive parents to establish a parenting agreement. The agreement will not make them a parent, but a number of courts allow parent agreements to permit another person to have custody or visitation with a child. A parenting agreement must state that both individuals consider themselves to be the parents of their child and that they accept all legal rights and responsibilities that come with being a parent. It should also explain that the legal parent waives their right to custody and control of the child and intends to co-parent equally with the other parent.

Contact Our Same-Sex Marriage Attorneys Today!

The attorneys at the Law Offices of H. William Edgar are dedicated to the practice of Family law and same-sex marriage matters. We have offices in Riverside, Temecula, Anaheim and Palm Desert. We are here to answer your questions and help you through this process to get the results you and your family deserve. Contact us today: (888) 251-9618!

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