Parental rights are the same in New York regardless of whether you are in a same-sex or heterosexual marriage. That said, LGBTQ couples face hardships that others do not when it comes to child custody disputes.
The stakes in such cases are high, making it important to seek out a skilled child custody attorney. A Syracuse same-sex child custody lawyer from our firm may be able to protect your rights and ensure the Court treats you fairly.
Existing law lags behind the reality of same-sex couples. It is possible to spend years raising a child/ren as your own while married, only to have zero grounds to seek custody or visitation once the relationship with the child/ren’s biological parent ends.
In general, you will only have the standing to seek custody if you are the biological parent of the child/ren or you have legally adopted them. However, this is a rapidly changing area of the law, and you should never assume your situation is hopeless. A same-sex parental rights lawyer in Syracuse may be able to help you navigate these delicate cases.
When the Court recognizes both parties as legal parents, custody decisions in same-sex divorces follow the same rules that apply to any other custody case. The Court may award legal custody and physical custody to one (1) parent or both, depending on what arrangement serves the child/ren’s best interests.
Joint custody is possible when both parents demonstrate the ability to communicate effectively and co-parent without significant conflict. In other situations, the court may grant one (1) parent primary custody while the other receives visitation rights. The Court may also consider more flexible parenting plans, such as 50/50 arrangements, rotating schedules, or creative alternatives that fit the child/ren’s needs and the parents’ availability. A Syracuse LGBTQ child custody attorney may be able to help determine the best arrangement for you and your child/ren.
Importantly, same-sex status does not affect a parent’s eligibility for custody or visitation if both parents have legal standing. Judges are not permitted to base their decisions on the gender or sexual orientation of the parties. What matters most is the ability of each parent to provide a safe environment for the child/ren.
As in all custody cases in New York, the central guiding principle is the “best interest of the child” standard. This means that the Court looks at a wide range of factors to determine what custody arrangement will best support the child/ren’s emotional, physical, and developmental needs. These factors include each parent’s caregiving history, mental and physical health, financial stability, and willingness to encourage the child/ren’s relationship with the other parent.
The Court also considers the child/ren’s preferences if the child/ren is older or mature enough to express a reasoned opinion. In high-conflict cases, the Court may appoint a Guardian ad Litem for the child/ren to help assess their needs and preferences.
For same-sex couples, showing that both parties are active, committed caregivers is key to a successful custody outcome. This includes documentation of involvement in school, health care, extracurricular activities, and day-to-day parenting. A family law attorney in Syracuse who specializes in LGBTQ issues may be able to answer your questions about the custody process right away.
There are few things in a divorce or separation that are more contentious than child custody issues. If you are fighting for your rights as a parent after the breakdown of your same-sex marriage, it is important for you to seek help from legal counsel.
Reach out to a Syracuse same-sex child custody lawyer at Colwell Law today to schedule a free consultation.
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