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same sex divorce/family law matters Archives

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.

Important legal issues for same-sex couples to consider

Even though the United States has achieved marriage equality, there are still many legal obstacles that same-sex couples may face. Despite increased legal protections and wider acceptance for gay families, family law can still sometimes be particularly challenging for partners in same-sex relationships.

Same-sex marriage equality may not confer parental rights

Many people may believe that the Supreme Court ruling in 2015 that recognized the rights of same-sex couples to marry also conferred the right to claim parentage of any children born into these unions. Unfortunately, that belief is often mistaken, depending on the state where one lives, and one partner may be required to go through the second-parent adoption process. New York has its own laws concerning whether each partner in a same-sex marriage will be considered an equal parent of their children.

Woman seeks child support from former same-sex partner

New York families come in all forms today, especially since the U.S. Supreme Court legalized same-sex marriages. However, in situations where a couple has been in a relationship before that ruling and a child has been born through artificial insemination, it may be difficult to determine what the legal definition of parenthood should be and what rights and responsibilities should be assigned to same-sex partners who form a family. One woman has recently filed a lawsuit seeking to redefine the role that these partners should play.

Marriage equality equals divorce equality for same sex couples

The U.S. Supreme Court ruled in favor of marriage equality in June of 2015. As a result, same sex couples are entitled to the same rights as heterosexual couples -- including a divorce. New York was one of the states that allowed same sex couples to wed before the Highest Court's ruling and has its own laws regarding the process for divorcing couples.

Separate rulings result in conflict over same-sex parental rights

The Supreme Court ruling in 2015 regarding marriage equality may have been understood by some families to provide protection for more than just marital relationships. There could be some same-sex couples who have assumed that this ruling also confers parental rights when a marriage ends in divorce. There may be many New York families who are attempting to discern how custody could be affected in a same-sex dissolution that includes children.

Same sex adoptions gaining more acceptance

Families come into being in wonderfully diverse ways. One growing family dynamic is that of the ones including a same sex couple and their children. While many of these couples do find ways to have a biological child, a more common way of raising children is through same sex adoption. It is likely that there are hundreds of these families who call New York their home.

Several changes in views of same sex marriage

As recently as June 2015, there were still 14 states in America that would not grant equal rights to certain couples that wished to marry. However, the United States Supreme Court ruled in June of that year that all couples were to be granted equal protections under the constitution, including same sex couples. While New York laws granted these rights before that date, it has taken some time for the rest of the country to catch up with modern views.