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Understanding the Parental Rights of Same-Sex Couples

Understanding the Parental Rights of Same-Sex Couples

Understanding the Parental Rights of Same-Sex Couples

Having a Family Law Practice in Orlando may be an overlooked area because a lot of people do not have the foresight about the problems they might have in future. Think about a lovely same-sex love story. They cherish each other, the want to be together forever and they decide to start a family. However, there is the possibility for life to take its toll on them and they end up going their separate ways. What then happens?

For many years now, same-sex couples have fought to have their rights to start a family and have children. These days, it looks like the fight has been won, and we now see same-sex couples starting families that have children involved. It could be from a previous (heterosexual) relationship or even during the relationship through adoption or other artificial birth methods. Many states have started giving recognition to same-sex unions, but like every other type of union or relationship, there is the possibility of a separation or breakup. For a lot of states, not all courts can determine who gets the children if a same-sex marriage ends up in a divorce. There is also the problem of child support that may arise, but all of these issues can be dealt with even before they arise by engaging a firm that specializes in Family Law Practice in Orlando. Discussed below are some pointers on the parental rights of same-sex couples.

If (only) one of the couples is the Legal Parent of the child(ren)

Who pays Child Support?

Child support is a complicated subject but does not necessarily have to be if legal advice is sought from a reputable family law practice in Orlando. According to some courts, the individual (the partner) who makes the decision to start a family and raise the child in a two-parent relationship should pay child support. When they are married, the issue of child support becomes less complex.


In deciding which of the partners get to visit the child or get to keep custody, some courts check if the two partners are both legal parents of the child. If one of the parents did not adopt the child of their partner, some courts would consider them as "non-parents". So, for a partner in a relationship whose partner has a child or children, they should adopt the children if they would like to keep custody or get rights to visitation. This gives the impression that you are interested in remaining a parent to the child.

For adoption to take place, below are some factors that the courts consider;

  • The biological parent of the child must consent to the adoption by the other parent.
  • There has to exist an emotional connection between the child and the non-biological parent.
  • The biological parent should be married to the intending parent.
  • If the two parents are legal parents of the child.

If a divorce or separation occurs, the two partners would have equal rights to the child if the following conditions are satisfied;

  • If the two parents have equal rights to the child. The same rules that apply to heterosexual relationship divorces apply to same-sex divorces.
  • If the two parents adopted the child jointly.
  • If the child is born in a state that the laws give right to a biological parent who is in a legal relationship with the non-biological parent.

For a same-sex relationship that has children involved, if there is a divorce or separation, get advice from a family law practice attorney in Orlando. For the sake of the child, it is important that you do the right thing legally and morally. To book for a consultation, contact Frank Family Law Firm today. Call 407 629 2208.