The laws regarding child custody do not discriminate between same-sex and opposite-sex couples. However, in their application, same-sex couples confront issues that arise more frequently for them than for opposite-sex couples.
If your same-sex relationship is dissolving and you and your former partner have disagreements about custody, get help from a seasoned child custody attorney with experience handling these issues. One of our Southbury same-sex child custody lawyers can help you achieve your goals for your case.
The law in Connecticut requires judges to make any custody decision based solely on the children’s best interests. The standard applies when the parents are of different sexes or the same.
The law lists 17 factors a judge may consider when deciding what outcome serves the children’s best interests. However, judges have broad discretion to consider other factors they deem relevant, and the judge may decide how much weight to give them.
Our Southbury attorneys understand how judges evaluate the children’s best interests in same-sex custody cases. They can present the parents’ goals in a way that demonstrates that the children will benefit most from their preferred custody arrangement.
An issue that can cause difficulty for same-sex parents is that only legal parents have the right to seek custody. When a same-sex couple adopts a child together, both are legal parents. However, there are situations in which a same-sex couple may raise a child together, but only one is a legal parent.
When a couple has a child through assisted reproductive technology, the Connecticut Parentage Act allows the couple to sign an Acknowledgment of Parentage before or after the child’s birth. The acknowledgment bestows full parental rights on both parents, but it is a state law that only applies in Connecticut. Same-sex couples who travel or relocate out of the state or the country should take the additional step of adopting the child.
When a partner with a child enters a new relationship, and the child has another living legal parent, the partner acting as a stepparent has no parental rights. Adoption is not an option unless the other parent agrees to surrender their rights. In such cases, the same-sex partner who is not a legal parent does not have a right to seek child custody, but a Southbury attorney could pursue an order allowing continued contact with the child.
A same-sex parent who does not have the legal right to petition for custody can seek a legal order for visitation. Connecticut General Statutes § 46b-59 allows a non-parent to obtain a visitation order if they can prove that they fulfilled a parent-like role in the child’s life and denying contact between the child and the applicant would cause the child significant harm.
However, the law’s definition of significant harm is akin to child neglect. Anyone seeking a visitation order against the custodial parent’s wishes must prove that the child is in danger of being neglected if the visitation order is not granted. Unless there is substantial evidence of the custodial parent’s unfitness, a judge may be reluctant to grant visitation.
Negotiating a visitation arrangement with the custodial parent is usually a better strategy. A Southbury custody lawyer can guide negotiations and draft a written agreement allowing a same-sex partner who is not a legal parent to maintain a relationship with their former partner’s child.
When you are involved in a custody dispute as a same-sex parent, it is critical that you feel seen, heard, and understood.
A Southbury same-sex child custody lawyer at our firm can provide the vigorous and compassionate representation you need. We are ready to help guide you through the process, so reach out to our family law attorneys today.
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