Same-Sex Divorce And Child Custody Disputes
Society’s acceptance of the LGBT community is moving at lightning speed, especially in the Chicago area and in Cook County. When a same-sex marriage ends in divorce, your sexual orientation or gender identity will not diminish your rights to an equitable share of your marital estate. Unfortunately, same-sex couples can face complex child custody and visitation issues when only one partner is the legal parent of a child.
The lawyers at O'Connor Family Law, P.C., are committed to protecting your rights as a parent and the best interests of your children.
Our attorneys listen carefully to your marital property and child custody and visitation goals as you and your partner prepare to embark on separate lives. We respond with recommendations for practical resolutions that can serve you well in the future.
Protecting Your Rights As A Parent
Both you and your partner are the legal parents of children you gain through adoption or surrogacy during the marriage. The rules for determining parental rights and responsibilities and child support are the same as those for other parents who divorce.
However, if you or your partner gained a child prior to your marriage, and the other parent did not adopt the child during the marriage, the other parent may not have any rights to custody or visitation.
Here are examples of situations where only one parent may be the legal parent:
- The child was gained through a heterosexual relationship prior to the marriage
- The child adopted by one parent prior to the marriage
- The child was born through surrogacy prior to the marriage
Our skilled Illinois family lawyers will work hard to safeguard your interests after your decision to end your same-sex marriage. You owe it to yourself and your child to transition yourselves to a post-divorce future the right way the first time.