The structure of your family would play a leading role in dictating how your issue will be viewed. If you are simply two gay couples who fell in love, got married and adopted kids, your case will not be considered unique. In other words, depending on what happens during negotiations or court proceedings, you could end up enjoying physical, sole, legal or joint custody of your little ones.
There are facts you ought to know before you begin fighting for the custody of your kids. First, you and your spouse have equal legal custody. Usually, such rights are automatically given to the biological parents of a child within a traditional marriage. You will, however, enjoy these rights equally with your spouse, especially if you both worked on adopting your kids.
In other words, you and your partner will have parental rights. This is typically the same thing that happens in a traditional marriage and hence there will be no need for your issue to be viewed differently. If negotiations fail and your case is presented in court, the judge will pass a ruling that favors the best interests of the children.
There are instances when only one parent has legal custody of a child in gay marriages. This is uncommon, though not impossible. If this is your case, then only the biological parent of the kid can keep the kids while the other will have no rights at all. He or she may however get regular visitation rights irrespective of the strength of the bond with the kids.
Deciding on the arrangement that can work best for the children can be difficult even when an issue is being determined in court. For you to swiftly navigate through the processes without much frustration, you should not underestimate the importance of working with a top rated family law expert. He or she will ensure that you are well acquainted with the legal options you could explore.
There are more than a few key benefits of having a reliable attorney in your corner. First, your investment would see to it that your children are a priority. Because of the numerous complexities that revolve around the proceedings, it may even be necessary for your lawyer to do a deep research before selecting the best fighting strategy to use.
Your legal representative will also strive to get you a child support agreement that is fair. The judge has to consider your assets and financial muscle as well as that of your ex before passing an order. By having a seasoned lawyer fighting for you, you will have increased chances of enjoying an equitable ruling.
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