Khan & Yau, PC Reliable & Responsive New York City Attorneys

same sex divorce/family law matters Archives

Supreme Court in another state affirms same-sex parentage rights

The U.S. Supreme Court decision in 2015 that recognized marriage equality for gay and lesbian couples did not address every family law issue. Recently, the Supreme Court in another state has followed similar rulings in New York that have affirmed the parental rights of same-sex residents. The most recent case addressed the questionable rights of anonymous sperm donors.

Some adoption agencies refusing same-sex adoption candidates

The decision to adopt is never one that is entered into without much thought and preparation. No matter whether the potential parents are in a heterosexual or same-sex relationship, the end goal is to provide a child in need with a loving and nurturing family. Though New York has its own laws regarding same-sex adoption, there are still agencies that oppose these parents.

Calls for changes in immigration law and same-sex families

The State department has been accused of being slow to respond to the changes in the marriage laws that gave legal recognition to gay and lesbian couples. According to those committed to reforming the immigration laws regarding same-sex families, the federal agency has refused to adapt some of its laws regarding how citizenship is conferred to children born abroad. There are likely many New York residents who have struggled to obtain coveted documents due to outdated regulations.

Update: U.S. Supreme Court refuses same-sex paternity case

In January of this year, it was reported in this blog that a woman had petitioned the U.S. Supreme Court to consider the case of paternity rights for a divorced gay couple. The justices recently announced that they were declining to hear this case, though they did not provide any additional comments as to why it was refused. Though New York has laws regarding paternity rights in matters relating to artificial insemination as well as same-sex marriages, the decision may be seen as a victory for gay and state rights.

Same-sex estate plans often require more attention to detail

Even though the 2015 Supreme Court ruling was a landmark event concerning gay marriage, it has not solved all of the issues that may crop up. When it comes to estate planning, many same-sex couples may mistakenly believe that such planning will be similar what opposite sex couples face. Unfortunately, even though New York has many protections, it may be beneficial to ensure that there are as many documents prepared as possible.

Marital agreements are an asset for same-sex relationships, too

The old adage that nothing lasts forever is true for so many things, including relationships. No matter one's best intentions, every marriage can face difficult times that may cause it to end in divorce, including same-sex marriages. New York couples who are contemplating getting married -- or who already have -- may consider drafting a marital agreement that can offer protection for themselves and their loved ones.

Woman appeals ruling that considers former same-sex spouse father

In 2015, the U.S. Supreme Court ruled that gay marriage was afforded the same protection under the laws as is heterosexual marriage. With that ruling, there has been a host of other issues relating to same-sex marriage that have cropped up in state courts across the country, including here in New York. Now, a woman is petitioning the Supreme Court to wade in on another case concerning paternity rights.

Woman seeking to end parental rights after same-sex divorce

It is rare that a parent will attempt to avoid child support by seeking to have his or her parental rights terminated. In another state, a former spouse is seeking to have her own parental rights revoked after her same-sex divorce. The unusual circumstances raise issues about child rearing that has caught the attention of advocacy groups in New York and elsewhere. 

Studies show that same-sex parents are equal to opposite sex

A census conducted in 2000 revealed that anywhere between one and nine million children are being raised in families that are headed by same-sex parents. While that figure has likely jumped considerably with the legalization of same-sex marriage, family life for these children has likely remained the same as it is for those raised by parents of the opposite sex. Many of these families are living in New York, which has supported these types of marriages for some time.

Same-sex divorce still not the same as heterosexual dissolutions

In 2015, the U.S. Supreme Court extended legal protections and allowed same-sex couples to enter into valid marriages. Unfortunately, that ruling applied to the joining of two lives and did not address the issues that some couples are discovering in the event they decide to file for a same-sex divorce. New York has its own laws regarding these divorces, and it may be beneficial to seek information on how the state laws will apply in a given situation.