Same-sex couples often face extra hurdles in the divorce process. Many have found ending their marriage can be more expensive, time-consuming and complicated than it is for their heterosexual counterparts.
These challenges can be especially prevalent when same-sex couples establish custody.
Complications same-sex partners face with custody
Since same-sex couples often start a family through adoption or surrogacy, if a judge has a personal bias against same-sex couples, it can determine how they perceive the parent-child relationship. In some cases, if parents can’t agree on a plan, the court can create one for them. Depending on the circumstances, this can result in one parent gaining sole custody of the child because perhaps they are the biological parent. This can make it more difficult for the other to continue their relationship with the child.
Putting the child’s interests first
When same-sex couples are negotiating parenting plans, these are some options to consider:
- Find ways to give the child easy access to both parents.
- Try to be flexible regarding the child’s living situation.
- Provide equal support to the child in their schooling and extra-curricular activities.
- Continue to work as a team to ensure healthy child development.
A plan that works for everyone
Until certain groups change their tone about same-sex marriage, same-sex couples will continue to face numerous legal obstacles. And while they’re going through this complicated process, they should remember to keep the child’s best interests in mind. If you are in a same-sex marriage and going through separation, an experienced family law attorney can help you sort through the complications and help facilitate a parenting plan that works for both parties.
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