The laws you will encounter that govern same-sex marriage and child custody may not always be clear. You might see a new precedence being set with the rulings of same-sex custody cases.
Here are three aspects that can affect the child custody ruling in your same-sex divorce.
What is your status as a parent?
If you are a biological parent or adoptive parent, you will likely have conservator status for the child. This means that the law considers you a parent of the child with the associated duties and rights.
However, if you have not adopted the child or are not a biological parent, you are generally considered a non-parent. This status typically makes it difficult for you to gain custody of the child.
Can you file for custody as a non-parent?
As a non-parent, you can file for custody. The court would likely require proof of possession, care and control of your child for at least six months.
What is in your child’s best interest?
Ultimately, the court’s goal is to make a custody decision in your child’s best interest. If, for example, separating your child from a non-parent is detrimental to their welfare, the court may award custody to the non-parent.
There may be many reasons why you and your spouse chose to manage the legalities of parental rights as you had during your marriage. Those choices may add complexity to a custody decision in divorce but do not necessarily remove any standing you have to sue for child custody.