Child Custody in Divorce

Child Custody in Same-Sex Divorce

Before our state legalized same-sex marriage, the end of a relationship between LGBT parents would often leave one of the parties with little or no rights to custody, regardless of that parent's previous financial and emotional contributions to raising the child. Even now the issue may be complicated, and it is in your best interests to work with a New York City divorce attorney for lesbians, gays, bisexuals and transgender who will fight for your rights as a parent. You can find passionate legal representation and caring guidance by coming to Hindin Deutsch, P.C.. We have more than 40 years of combined experience with an attorney who has earned the Super Lawyer rating because we know how to get results for our clients.

Child custody in LGBT divorce is a cutting-edge area of family law, one which often requires creative solutions. Questions which will influence the final outcome of the situation include whether the parent was born into the marriage, whether the non-biological parent made a formal adoption of the child and whether the biological parent is seeking to deny custody and visitation.

Taking Your Case Before a Judge

Unless you and the other parent are able to resolve the matter outside of court, it will be necessary to argue the case before a judge. The court will rule in favor of a parenting plan which is in the best interests of the children, taking into account factors such as which parent can provide a more stable and supportive home life, each parent's income, which parent has been the primary caregiver, each party's willingness to allow the other parent to have a relationship with the child, and the child's preference in some situations.

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