Child Custody in Same-Sex Divorce

Protecting Your Parental Rights and the Best Interests of Your Children

The courts in Georgia will always rule in favor of your child's best interest in custody matters. However, you have the opportunity to help the court define the best interest of your child before your case makes it to court. This is where a good lawyer can help you.

Negotiating a child custody agreement between parents should never be done without dedicated legal counsel and representation. Your child's future and your relationship with your child will depend on the outcome of your child custody case.

At F. Marian Weeks, P.C., Attorneys at Law, we know how to help you plan for your child's future following divorce and exactly how child custody issues for same-sex couples differ from the custody issues heterosexual couples face.

Unique Child Custody Issues for Same-Sex Couples

In heterosexual families, unless one parent is a stepparent to the child, an adoption action does not have to occur before parental rights are equal.

So, the first question must be, "Are you both legal parents to the child?" If not, the nonbiological parent may have limited or no parental rights and may not be responsible for any form of child support.

Equal parental rights are established in the following ways:

  • You have the child's birth certificate that proves the child was born into your marriage.
  • You adopted the child together.
  • You adopted the child in a stepparent or second-parent adoption.
  • You completed a parentage action to establish a parent-child relationship.

We will help you defend your parental rights and advocate for your child's best interests. Once your rights are established, child custody issues are substantially similar to those that must be agreed upon and enforced in a heterosexual couple's divorce decree.

Of course, every family and every child has unique needs and goals. We are your staunch advocates in all aspects of child custody and visitation. Our lawyers will help you establish a sound parenting plan once physical and legal custody have been established, and we will assist you with any modification and enforcement needs down the road.

Schedule a Free 30-Minute Consultation With One of Our Lawyers

We are available in Marietta at 770-884-6296 and by email to discuss the unique factors of your case and your specific concerns. We fully understand how important both your child's well-being and your parental rights are, and we will be at your side working to secure your best possible outcome through the entire process.

We serve clients throughout northern Georgia, and we are well-known in the courts of Cobb County, Cherokee County and Paulding County.