Same Sex Couples

Child Custody Issues for Same-Sex Couples

Same-sex couples have fought long and hard for the right to marry in states such as California and New York, but since the passage of the Marriage Equality Act in 2011, the gender-neutral law that allows for same-sex marriage has resulted in a legal structure that has massive holes that aren't faced by straight couples, particularly when it comes to same-sex divorce where children are involved. For example, same-sex couples face the possibility of having to pay extra child custody costs even when they live in states such as New York where same-sex marriage is recognized.

To illustrate, in cases where two women were married in New York and had a child together through in vitro fertilization (IVF), the mother who did not carry the child could have difficulty gaining custody of her child because the child is not her biological child and because she did not carry the child. Since the child isn't her biological child, her legal ground to argue for custody can be questioned by the courts. In cases such as these an appeal can be filed and appeals can be very expensive; therefore, on top of the costs of divorce, a full blown child custody battle adds more legal maneuvering and can complicate things, especially in an area of law that is still in its infantile stages.

Long Island Child Custody Lawyer

While the passage of the Marriage Equality Act in 2011 has been celebrated by same-sex couples throughout New York, the state's methods of handling divorce and more importantly child custody issues will remain murky until further case law develops. When same-sex couples have children together and they decide to end their union in divorce, it's vitally important that they seek the help of a Long Island child custody attorney from Friedman & Friedman PLLC, Attorneys at Law, PC.

The attorneys at the firm are well-versed in all state and federal laws pertaining to same-sex marriage and divorce and are at the forefront of cutting-edge same-sex child custody law. If you are in a same-sex marriage and are in need of compassionate yet aggressive legal representation, don't hesitate to contact the firm for further assistance. They can provide the information and zealous representation you need to pursue the outcome that you desire.