How does the court decide child custody in LGBTQ+ divorce cases?

On Behalf of | Jan 10, 2022 | family law |

When a couple ends their marriage, child custody may become a divisive issue. What happens when both parents are of the same sex?

During an LGBTQ+ divorce, child custody issues may become a high hurdle to overcome. There are some situations where the court may not recognize one of the parents as having any rights. Learn how the court may decide child custody during an LGBTQ+ divorce.

The couple adopted a non-biological child

When a child is from a third-party and not biologically related to either spouse, both have equal parental rights. The spouses may enter into a shared parenting agreement on visitation and custody during a divorce. In this type of circumstance, the judge likely follows the law and the wishes expressed in the shared parenting agreement.

The child is from a previous relationship

Things become more complex when a child is the biological offspring of one spouse but not the other. This situation occurs when tone already has a child from a previous relationship. Even if the couple marries and raises the child together, the non-biological parent may not have custody or visitation rights. Instead, the non-biological parent should petition the court for step-parent adoption or rights. The court does not recognize agreements when one parent has no legal right to the child.

Divorce may take a toll on children, especially if they feel torn away from one parent. The court has some catching up when it comes to custody in LGBTQ+ cases, but with the proper prep work with the assistance of a skilled family lawyer, the process may go smoother.