Do Both Spouses Have Equal Rights in a Same-Sex Divorce Custody Battle?

Child Custody Issues for Divorcing Same-Sex Couples

Couples who are breaking up have a lot of issues to deal with. From property disputes to the allocation of debt, nothing may be more emotionally trying than settling custody disputes.

In 2015, the Supreme Court officially legalized same-sex marriages, but the courts have not had as much luck setting standards for custody disputes involving same-sex couples. The current laws in New Jersey don’t specifically address the rights of parents in same-sex marriages in the event that the couple breaks up. Learn more about the custody issues many same-sex couples face during divorce and your options below.

Parental Rights During a Divorce

Same-sex couples may have children in a variety of ways – adoption, assisted reproductive technologies or from a previous relationship. When the couple splits up, the courts will first look at what legal parental rights each party has.

If the child was born through assisted reproductive technologies or from a previous relationship, then only one spouse may have legal custody rights to the child. The other spouse, despite the marriage, may not have any rights regardless of how long they’ve been a part of the child’s life. Court battles of this variety are often lengthy and complicated. It’s advised that you seek out legal representation if you’re the non-biological parent in a same-sex divorce custody battle.

If your child was adopted by you and your spouse, then courtrooms are more likely to view the situation as similar to a traditional marriage custody case. Both parents will have an equal opportunity to ask for custody, visitation and legal rights to the child.

Legal Representation During Your Custody Battle

The law surrounding child custody battles for divorcing same-sex couples is still developing in New Jersey. For that reason, it’s important to seek out legal counsel before going to court. Often, judges in New Jersey fail to realize that traditional custody laws are outdated and do not fit the needs of modern same-sex couples. An experienced family law attorney will ensure that your voice and custody requests are heard. A lawyer will also help you prepare to prove that you can provide a good environment for the growing child and you’d serve the child’s best interests.

Contact a Moorestown Family Law Attorney for a Consultation About Same-Sex Custody Disputes in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Cordry Hartman, LLC represent clients throughout the state, including Moorestown, Cherry Hill, Haddonfield, and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-452-4474 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 505 S. Lenola Rd, Suite 224, Moorestown, NJ 08057.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.