Leading Durham NC Custody Attorney Talks About How Cases Of Same Sex Couples Are Handled

By Jose Perry


Same sex marriages are legal in most parts of America. That said, a couple can choose to adopt kids and their union would entitle them to all legal rights and benefits that are allied with being legally married. In case of divorce matters of child custody are handled in the same way as any other marriage. There are instances, however, where the parties involved may encounter some unique challenges. Hiring a competent Durham NC custody attorney would generally increase your chances of enjoying the best possible outcome.

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 facts you ought to know before you begin fighting for the custody of your kids. First, you and your spouse have equal legal custody. Usually, such rights are automatically given to the biological parents of a child within a traditional marriage. You will, however, enjoy these rights equally with your spouse, especially if you both worked on adopting your kids.

In other words, you and your partner will have parental rights. This is typically the same thing that happens in a traditional marriage and hence there will be no need for your issue to be viewed differently. If negotiations fail and your case is presented in court, the judge will pass a ruling that favors the best interests of the children.

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.

There are instances where deciding on what is best for the kids can be challenging even in the courts. For you to navigate through the due processes in a swift manner, you should consult with a proficient family law attorney. The expert can help you explore your legal options and generally ensure that your rights and best interests are protected.

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.

Then again, your lawyer would also see to it that you secure an equitable child support agreement. Normally, the amount of money you are supposed to receive or pay will depend on your assets and income as well as those of your partner. With a reliable specialist on your side, you can better your chances of ensuring that an equitable order is passed.




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