Durham NC Custody Attorney Explains What To Expect If You Are Same Sex Couples

By Jose Perry

In America, same sex couples are allowed to marry and even adopt kids if they so wish. They therefore have all the benefits and legal rights that come with being in a legal marital relationship. Even so, such couples are confronted with the same challenges, perhaps even additional hurdles when they get divorced and have to agree on child custody arrangements. In this case, you will have the best chances of enjoying a favorable outcome if you have a proficient Durham NC custody attorney in your corner.

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 facts you should beforehand. To begin with, both parents have legal custody in same sex marriages. Bear in mind that in traditional marriages, only the biological parents have these rights. If both you and your partner proceeded to make the needful arrangements to adopt a kid, both of you will have full legal rights of claiming the child in question.

When in a gay union, marriage would automatically award both you and your partner with equal parenting rights. This is the main reason why your case would not be viewed any differently. If your case ends in court, the magistrate would be compelled to make decisions that are in the best interests of the involved kids.

There are instances when only one parent has legal custody of a child in gay marriages. This is uncommon, though not impossible. If this is your case, then only the biological parent of the kid can keep the kids while the other will have no rights at all. He or she may however get regular visitation rights irrespective of the strength of the bond with the kids.

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 certain prime benefits associated with hiring a proficient lawyer. To begin with, the investment you make would make your kids a priority. Custody proceedings are not simple in traditional marriages and they can become even more complex when dealing with same sex marriages. Your attorney may have to do an in-depth research before fighting for an agreement that is ideal for you.

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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