State law has updated to accomodate the fact that there are same-sex marriages in the State of Maryland. There are few differences between how two same-sex parents negotiate child custody as opposed to opposite-sex parents. The law now allows a non-biological parent in a same-sex marriage to have the same rights as the child’s biological parent, under certain circumstances. This legislation is a substantial improvement in the State of Maryland and acknowledges the realities of many different types of marriages.
If a same-sex couple is living together in the same house with their childred and have a relationship with them, the courts may award joint custody rights. Alternatievely, when same-sex couples get divorced, the non-biological parent may go to court to declare themselves a de facto parent and present a case that requests custody of and access to the children. For help with understanding child custody following a same-sex divorce in Marlyand, consider speaking with a skilled and experienced attorney who has experience with this kind of litigation.
The Impact of a Biological Parental Relationship
A parent in a same-sex divorce who is biologically related to their child does not have to prove any factors other than their parental relationship. The other party must make a case for their consideration as a de facto parent and may cite the fact that they lived with the child, had a relationship with them, and have provided for them in order to convice a judge of their caring capacity. After the parties to a same-sex divorce have had equal opportunites to advocate for their rights to custody, the courts can proceed with a best-interest analysis to determine the most appropriate custodial arrangement that meets the child’s needs above all else.
This should be especially easy to do if the parties had a child together and raised them for a certain number of years. However, deciding child custody following a same-sex divorce in Maryland becomes more difficult if the non-biological parent does not have a relationship with their child and does not live with the biological parent. Ultimately, it depends on the circumstances of each indivicual case, so it is very important to consult with a lawyer prior to taking any legal action on your own.
Learn More about Child Custody after a Same-Sex Divorce in Maryland from an Attorney
Understanding the tribunal’s attitudes toward issues related to child custody for same-sex couples going through a divorce can be challenging. A legal representative who is familiar with child custody following a same-sex divorce in Maryland could make a substantial difference during court proceedings. If you need help with advocating for your children’s needs during litigation, consider reaching out to a didcated professional for qualified legal advice. Get in touch with our firm today to learn more about legal options for dissolving your marriage and deciding child custody.