Same sex marriages are legal in most parts of America. That said, a couple can choose to adopt kids and their union would entitle them to all legal rights and benefits that are allied with being legally married. In case of divorce matters of child custody are handled in the same way as any other marriage. There are instances, however, where the parties involved may encounter some unique challenges. Hiring a competent Durham NC custody attorney would generally increase your chances of enjoying the best possible outcome.
The structure of your family would play a leading role in dictating how your issue will be viewed. If you are simply two gay couples who fell in love, got married and adopted kids, your case will not be considered unique. In other words, depending on what happens during negotiations or court proceedings, you could end up enjoying physical, sole, legal or joint custody of your little ones.
There are few facts that you may want to know ahead of time. First, in same sex unions, both parents have legal custody of their children. Normally, couples in traditional marriages have these rights because they are the biological parents of the children involved. In your case, both of you would be legal custodians of your kids, especially if you adopted them together.
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 more than a few key benefits of having a reliable attorney in your corner. First, your investment would see to it that your children are a priority. Because of the numerous complexities that revolve around the proceedings, it may even be necessary for your lawyer to do a deep research before selecting the best fighting strategy to use.
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.
The structure of your family would play a leading role in dictating how your issue will be viewed. If you are simply two gay couples who fell in love, got married and adopted kids, your case will not be considered unique. In other words, depending on what happens during negotiations or court proceedings, you could end up enjoying physical, sole, legal or joint custody of your little ones.
There are few facts that you may want to know ahead of time. First, in same sex unions, both parents have legal custody of their children. Normally, couples in traditional marriages have these rights because they are the biological parents of the children involved. In your case, both of you would be legal custodians of your kids, especially if you adopted them together.
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 more than a few key benefits of having a reliable attorney in your corner. First, your investment would see to it that your children are a priority. Because of the numerous complexities that revolve around the proceedings, it may even be necessary for your lawyer to do a deep research before selecting the best fighting strategy to use.
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.
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