Same Sex Couple And Child Custody

Same sex marriage is already legal in New York city. LGBT couples can enjoy legal rights as well as responsibilities. Among the legal rights is the right to pursue child custody. Child custody is a problem when same sex couples separate. Of course same sex couples are not immune to separation. This is a big problem and a hot issue in the family law courts in New York. According to a 2010 study that is based on the US Census around one quarter of all same-sex couples across the nation had been raising children. The ratio should have increased after the state passed the Marriage Equality Act in 2011. But in the same-sex marriage issue of child custody is a bit complex.

If the child is born through in-vitro fertilization or a surrogate mother, there is not any complication. Both spouses will be recognized as legal parents. Same can be true if the child has been adopted by the couple. Both parents can claim custody. The situation gets complex when one of the parents is the biological parent of the child.

We love to be with our child. Their presence gives us pleasure and comfort. They are a source of hope and light for us in our bad days. Their smile keeps us pushing through hardships and tough times. They act as a beacon in darkness and storms. Having liberty to be and play with our child is one of the sweetest things of the world. But what if that liberty is jeopardized. In a general principle, nothing should stand up between you and your child even after break-up. Well, society considers your biological father and mother as your parent. It really complicates the situation. In a same sex marriage only the biological parent had the right to claim the children. He or she has the child after split up. Only if the other partner had adopted the child, he or she could claim custody of the child.

So, the other partner didn’t have any right to visit or any kind of access to the child. This is indeed trauma for the child. No matter how much attachment the child had with the de facto parent, the law didn’t allow them to be together. But after the New York Court of Appeals gave verdict in Matter of Brooke S.B. case, the situation has improved a little bit. Now same sex couples enjoy the same rights as heterosexual couples do. But to enjoy these rights the non-biological partner has to prove that before the child had been conceived, both parties agreed to conceive and raise the child together. According to this new right, you can sue your partner to get custody or the right to visit your children. The right is named as ‘standing.’ But still the court can deny your request in the best interests of the child.

Here you need support of an expert attorney . Petroske Riezenman & Meyers lawyers have the required knowledge, aptitude and qualification to get fight for your case. They can get you your legal rights by pursuing the case aggressively.