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Monday, November 12, 2018

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.

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 few facts that you may want to know ahead of time. First, in same sex unions, both parents have legal custody of their children. Normally, couples in traditional marriages have these rights because they are the biological parents of the children involved. In your case, both of you would be legal custodians of your kids, especially if you adopted them together.

In gay unions, marriage brings forth automatic parental rights to both partners. This only means that issues would not be handled in the same way as in any other marriage. In case your matter proceeds to court, the judge will have to make decisions that can work in the best interests of the kids.

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.

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.

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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