Gone are the days when same sex marriages were considered illegal in America. Currently, the laws provide for gay couples to get legally married. When they do, they automatically get to enjoy all the legal rights and benefits associated with being legally married. If these couples decide to adopt children and then unfortunately get divorced, issues of child custody will not be handled any different from how they would be dealt with in an opposite sex union. You will want to hire a proficient Durham NC custody attorney who can ensure that your rights are protected.
Your family structure would play a major role in determining how decisions about child custody would be made. In most cases, however, same sex relationships do not mean that a case will be viewed differently. This means that based on how court proceedings or negotiations end, you could find yourself enjoying physical, joint, legal or the sole custody of your kids.
There are facts you should beforehand. To begin with, both parents have legal custody in same sex marriages. Bear in mind that in traditional marriages, only the biological parents have these rights. If both you and your partner proceeded to make the needful arrangements to adopt a kid, both of you will have full legal rights of claiming the child in question.
In gay unions, marriage brings forth automatic parental rights to both partners. This only means that issues would not be handled in the same way as in any other marriage. In case your matter proceeds to court, the judge will have to make decisions that can work in the best interests of the kids.
In rare cases, you may find that one partner in a same sex marriage is the biological parent of the kids. If this happens, then the biological parent in question is likely to gain sole custody of the children while the other gets no rights whatsoever. The judge could, however, find it fit for the other partner to be given visitation rights.
Making decisions that favor your kids is not always easy. This is irrespective of whether you can amicably agree during negotiations or your matter has to be determined in a court. It is beyond debate that navigating matters of child custody is challenging, and this makes it imperative for you to have a family law professional by your side.
There are certain prime benefits associated with hiring a proficient lawyer. To begin with, the investment you make would make your kids a priority. Custody proceedings are not simple in traditional marriages and they can become even more complex when dealing with same sex marriages. Your attorney may have to do an in-depth research before fighting for an agreement that is ideal for you.
Your legal representative will also strive to get you a child support agreement that is fair. The judge has to consider your assets and financial muscle as well as that of your ex before passing an order. By having a seasoned lawyer fighting for you, you will have increased chances of enjoying an equitable ruling.
Your family structure would play a major role in determining how decisions about child custody would be made. In most cases, however, same sex relationships do not mean that a case will be viewed differently. This means that based on how court proceedings or negotiations end, you could find yourself enjoying physical, joint, legal or the sole custody of your kids.
There are facts you should beforehand. To begin with, both parents have legal custody in same sex marriages. Bear in mind that in traditional marriages, only the biological parents have these rights. If both you and your partner proceeded to make the needful arrangements to adopt a kid, both of you will have full legal rights of claiming the child in question.
In gay unions, marriage brings forth automatic parental rights to both partners. This only means that issues would not be handled in the same way as in any other marriage. In case your matter proceeds to court, the judge will have to make decisions that can work in the best interests of the kids.
In rare cases, you may find that one partner in a same sex marriage is the biological parent of the kids. If this happens, then the biological parent in question is likely to gain sole custody of the children while the other gets no rights whatsoever. The judge could, however, find it fit for the other partner to be given visitation rights.
Making decisions that favor your kids is not always easy. This is irrespective of whether you can amicably agree during negotiations or your matter has to be determined in a court. It is beyond debate that navigating matters of child custody is challenging, and this makes it imperative for you to have a family law professional by your side.
There are certain prime benefits associated with hiring a proficient lawyer. To begin with, the investment you make would make your kids a priority. Custody proceedings are not simple in traditional marriages and they can become even more complex when dealing with same sex marriages. Your attorney may have to do an in-depth research before fighting for an agreement that is ideal for you.
Your legal representative will also strive to get you a child support agreement that is fair. The judge has to consider your assets and financial muscle as well as that of your ex before passing an order. By having a seasoned lawyer fighting for you, you will have increased chances of enjoying an equitable ruling.
About the Author:
Get an overview of important factors to consider before picking a Durham NC custody attorney and more information about a reliable lawyer at http://www.foillawoffice.com/attorneys-staff now.
No comments:
Post a Comment