Same-sex couples have the same legal rights as all other couples under Connecticut law. However, in matters of child custody, relationships with queer partners sometimes face unique challenges.
Connecticut’s current law has resolved many of those issues, and when you work with a child custody attorney, your experience with the process will be the same, regardless of your gender or sexual orientation. A New Haven same-sex child custody lawyer can help you meet your child custody goals and protect your family.
Parents with minor children who decide to divorce or separate must address legal and physical custody of the children. Legal custody is the authority to make major decisions for the children, such as approving an education plan or consenting to healthcare. Physical custody means providing a home for the child.
Connecticut family law requires that all decisions directly impacting children must be made in accordance with the children’s best interests. The law presumes that children whose parents do not live together still benefit from continued meaningful contact with both parents and the participation of both parents in their upbringing.
The best interest standard applies, with shared legal and physical custody being common, even when parents negotiate a custody agreement. A judge will review a custody settlement to ensure it serves the children’s best interests. A same-sex child custody attorney in New Haven can assist you in negotiating a custody plan to ensure your plan focuses on the children’s best interests.
Only people with legal parental rights have custody rights. Parental rights were once confined to biological or adoptive relationships, but Connecticut General Statutes § 46b-478 has modernized this standard. It allows an LGBTQ+ couple that used assisted reproductive technology to have a child to establish parental rights for both partners by signing an Acknowledgement of Parentage. This eliminates the need for the partner without a biological relationship to the child to establish their parental rights through adoption.
However, same-sex couples may face situations in which a partner develops a parent-like relationship to a child but has no parental rights. For example, one partner may have a biological or adoptive child when they enter a new relationship. If the child’s other parent is still alive and exercising their parental rights, the new partner cannot adopt the child or assert custody rights if the couple breaks up.
Although there is no legal mechanism for the unrelated former partner to obtain parental rights, it is possible for them to maintain a relationship with the child if their parents consent. An LGBTQ+ custody attorney in New Haven will help you negotiate an agreement that allows for continued contact between you and the child.
When you present a custody case to the court, you must comply with certain procedures. For example, the law requires you to complete a parenting education course early in the process.
You and your former partner must meet with a Family Relations Counselor, social worker, or mental health professional that the court employs to help couples resolve differences. Couples often create a mutually agreeable parenting plan with the help of the Family Relations Counselor or with their attorneys.
If you cannot agree on a parenting plan, a judge may appoint a Guardian ad Litem to assess each parent’s home and relationship with the children. They may also order a custody evaluation to be conducted by a GAL or a Family Relations Officer. A New Haven LGBTQ+ custody lawyer can prepare you to work with these professionals.
If you are dealing with a custody issue, ask a New Haven same-sex child custody lawyer to guide you through the process. The professional legal counsel at Dolan Divorce Lawyers have substantial experience working with LGBTQ+ families, and can help you reach your goals and maintain stability for your family during a tumultuous time. Contact us today to get started.
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