Custody Agreements in Same-Sex Marriages

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Gay and lesbian couples face many of the same issues as straight couples when deciding the terms of their divorce or breakup. Dividing property and assets is stressful for everyone. However, custody arrangements for children can be more complicated for LGBT couples because the law can be terribly unfair to same-sex parents.

Legal Complications for Same-Sex Parents

According to the Human Rights Campaign, the legal complications arise from the fact that, in many states, only one individual in the same-sex couple is deemed the legal parent. Courts typically consider the biological parent as the legal parent of the child. The same is often true when couples adopt: only one parent may be deemed the adoptive parent because some adoption agencies prohibit same-sex couples from adopting together but allow an LGBT person to adopt individually. This leaves non-legal parents worried about their rights to children they have loved and raised alongside their former partner.

Co-Parenting Agreements for Same-Sex Couples

Some same-sex couples enter into a co-parenting agreement, similar to a prenuptial agreement, which spells out each person’s role as an equal parent—even when only one individual is the legal parent. These agreements typically define each parent’s rights in the event of a custody dispute, including how the parents will approach decisions related to:

  • Medical care
  • Financial support
  • Legal inheritance
  • Custody schedules

While it may seem premature or unloving to enter into a custody arrangement before a child is born, such agreements can provide non-legal parents with stronger rights if the relationship ends.

Custody Considerations for Same-Sex Couples

Custody fights involving same-sex couples are similar to those of heterosexual couples. In either circumstance, the parties must address key questions such as:

  1. With whom will the children live?
  2. Who will make major decisions like healthcare and schooling?
  3. How much time will the child spend with each parent?
  4. How will each parent provide for the child’s medical, financial, and educational needs?
  5. In what religion, if any, will the child be raised?
  6. How will the parents resolve disputes?
  7. What happens if a parent moves?

Legal Support for Custody and Divorce

Divorce and custody arrangements can be challenging, but there are always options. The knowledgeable family law attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters and are here to help you.

Contact one of the DiPietro family law attorneys today to schedule a consultation at (888) 530-4374.