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LGBTQ Child Custody Issues: Things to Consider

Same Sex Couples and Child Custody

Some child custody arrangements unfold without much difficulty, as both parents share custody or have determined beforehand how they want to divide and allocate time. If parents enter the legal process with children, it is typically assumed that the children are the byproduct of their marriage unless otherwise indicated. With same sex marriage, that assumption does not work.  Our team of child custody attorneys at Alternative Divorce Solutions takes great care to stay on top of the changing familial situations, configurations, laws, and circumstances and we understand that the idea of determining child custody was not your intention when you entered your union. There are specific components of your family that will determine the outcome of your child custody arrangement, as detailed below.

LGBTQ Parental Rights

When your attorneys and the court system evaluate your child custody agreement, there are several items that they will take into consideration, including:

  • If the child was born to one spouse prior to the marriage to the existing spouse, is another biological parent entitled to a percentage of custody, thus effecting the custody arrangement of this divorce?
  • If the child is related to one parent biologically and not the other, did the non-biological parent adopt the child once they united?
  • If you and your spouse adopted the child together and there is no biological tie to either of you, are both parents on the adoption paperwork?
  • If you or your spouse are not a legal parent of your child, have you considered legally adoption the child before proceeding with the divorce?

Legal rights and physical rights are separate and not always equally divided and legal rights do not necessarily affect physical visitation. Be sure to discuss who will oversee medical, financial, and school related decisions and how you want physical custody to be determined. When determining financial obligations and division, consider who holds the child’s health insurance, if it is through an employer, and who will pay for extracurricular activities, and car insurance or car payments if the child is of age. Consider factors such as school location, living situations, your own job demands, the child’s age, and social needs when you determine physical custody arrangements. Remember, a stable life for your child is not always the most convenient arrangement for you, but they rely on you to grow up healthy, happy, and well adjusted!

Request a Free Consultation Today

If you and your spouse are facing a divorce or separation and have children, contact our team for compassionate and knowledgeable support through the legal process. We can work with you to reach a solution for child custody and child support that is in the best interest of your child while taking into consideration your unique circumstances.

Contact our team to discuss your child custody arrangements at (949) 558-2624.

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