Same-sex couples face unique challenges in divorce
When a couple decides to separate, there are typically many decisions to be made. Same-sex couples in Maryland may need to decide child custody rights and financial matters together as they pursue a divorce. It is important for couples to understand that each state may have different laws pertaining to same-sex marriage and divorce, especially if one party wants to move from Maryland.
Child custody agreements can be a point of contention for any couple. However, they can become more complicated when it involves a same-sex couple. If one parent is the biological parent of the child or children, they may assume their parenting rights trump those of the other parent who isn’t biologically tied to the child or children. However, parenting agreements or adoption papers may make it clear in family court that both parties are truly parents in the family and should be treated accordingly.
The best interests of the child or children will be given priority regardless of biological ties. This is also true when it comes to child support. Just because a parent is dissolving the marriage and doesn’t have a biological tie to the minor child does not mean they will have no child support obligations.
As more and more same-sex couples divorce, more unique issues may present themselves. It is vital for same-sex couples in the process of divorce to have a full understanding of current laws in Maryland or any state they plan to live in. The more up to date information any party has, the smoother the divorce process may be.
Source: huffingtonpost.com, Facing Divorce? Top 5 Things Same-Sex Couples With Children Need to Know, Nicole H. Sodoma, Feb. 20, 2014