Leading Durham NC Custody Attorney Talks About How Cases Of Same Sex Couples Are Handled

By Jose Perry


Gone are the days when same sex marriages were considered illegal in America. Currently, the laws provide for gay couples to get legally married. When they do, they automatically get to enjoy all the legal rights and benefits associated with being legally married. If these couples decide to adopt children and then unfortunately get divorced, issues of child custody will not be handled any different from how they would be dealt with in an opposite sex union. You will want to hire a proficient Durham NC custody attorney who can ensure that your rights are protected.

Depending on your family structure, deciding on issues of child custody will not be any different simply because you are in a same sex relationship. This means that you can enjoy legal, joint, sole or physical custody depending on how your matter is determined during negotiations or in court. It remains crucial to get a competent lawyer involved right from the start.

There are facts you ought to know before you begin fighting for the custody of your kids. First, you and your spouse have equal legal custody. Usually, such rights are automatically given to the biological parents of a child within a traditional marriage. You will, however, enjoy these rights equally with your spouse, especially if you both worked on adopting your kids.

In other words, you and your partner will have parental rights. This is typically the same thing that happens in a traditional marriage and hence there will be no need for your issue to be viewed differently. If negotiations fail and your case is presented in court, the judge will pass a ruling that favors the best interests of the children.

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.

There are instances where deciding on what is best for the kids can be challenging even in the courts. For you to navigate through the due processes in a swift manner, you should consult with a proficient family law attorney. The expert can help you explore your legal options and generally ensure that your rights and best interests are protected.

You will enjoy various enticing benefits once you hire a lawyer. First, the expert will ensure that your little ones are prioritized. He or she will also dispense information about the legal options you may consider exploring. In some instances, it is even vital to do a thorough research before choosing the most ideal fighting strategy.

Working with a lawyer can also increase your chances of securing a fair child support agreement. Bear in mind that your assets, income and the needs of your kids have to be considered before a ruling is passed. A seasoned lawyer will know just how to uncover certain facts to ensure that the order passed by the courts is equitable.




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