The gays and lesbians have come a long way to get the same-sex marriage legal across different states in the USA. However, the battle is still not won. If it comes to same-sex parents, the law is not fair to them. The laws in connection with same sex child custody are rapidly evolving and it is making the matters more complicated and confusing.
With so many complexities and uncertainties involved in the legal procedures, you should try to reach a consensus with your partner on child custody issues. Spend time together for a resolution. If it fails, approach a custody mediator. If the matter is dragged to the court, the judge will suggest mediation in the first place.
It makes sense if you avoid legal battle. The custody battle in the court will not only put physical, mental and financial stress on you but will also hamper your child in the process. However, if all your efforts to reach a resolution result in nothing, you need to take help from a Columbus Ohio same sex couple child custody attorney.
You should remember that the rules for visitation and child custody are not uniform in each state and keep changing. Let us take a look at two possible situations as follows;
If Both Partners Are Legal Parents
If any of the following reasons holds good, both of you may be considered legal parents of the child:
- Both of you adopted the child together.
- The non adaptive or non biological parent completed the adoption process through stepparent adoption or second-parent, or set up a parent-child relationship via a parentage action.
- The child was born out of a wedlock in a state that has legalized conferring parental rights upon a non biological
When both parents enjoy equal legal rights, the matters related to child custody should be settled just as these are done for divorce between the opposite sexes. The judge will take several factors into account to figure out what will work best in favour of your child.
If Either Of You Is A Legal Parent
Things will be completely different if only either of you is the legal parent of your child. The reason why the second parent is not considered a legal parent will not be a matter of concern in this regard. In many states, the second parents are not recognized and therefore not allowed to seek physical or legal custody of the child.
Furthermore, the second parents are also not granted permission for visitation in many cases. At the same time, they are spared from bearing the financial burden for the children. However, in the contested situations, the other parent gladly provides financial help to his/her partner’s children.
In some states, the courts recognize the second parents only on the basis of their relationship with the children or their intention to raise the children.
An Important Advice
Before taking any decision or action regarding your child custody, it is important to talk to a learned, skilled and experienced expert who is well versed with the laws and familiar with your local judges. The laws change very often and the outcome of any custody-related dispute depends a lot on the judge hearing the case.