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 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.

There are instances when only one parent has legal custody of a child in gay marriages. This is uncommon, though not impossible. If this is your case, then only the biological parent of the kid can keep the kids while the other will have no rights at all. He or she may however get regular visitation rights irrespective of the strength of the bond with the kids.

Deciding on the arrangement that can work best for the children can be difficult even when an issue is being determined in court. For you to swiftly navigate through the processes without much frustration, you should not underestimate the importance of working with a top rated family law expert. He or she will ensure that you are well acquainted with the legal options you could explore.

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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