An article was recently published by USA Today, describing the legal issues that same-sex couples face when trying to divorce. Since not all states recognize same-sex marriages, divorce proves near impossible. Even if the couples try to divorce in a state that does recognize the marriage, they often face hurdles with residency requirements (i.e. they must live in the state they are filing in for at least six-months, in order to file for divorce in that state).
Moreover, even more complications arise when the same-sex couple has a child. When a child is born through artificial insemination, some courts provide no protection for the other party, because in the eyes of the state, they weren’t married when the child was born. Thus, there is somewhat of a bias toward a biological parent in the same-sex relationship.
The article brings up interesting issues, since the courts are not as familiar with these situations. As more couples have non-traditional families, the Friend of the Court will need to adapt and update its policies on custody and parenting time issues, when a child is technically only born to one of the parties.
For more information regarding your child custody rights, contact our office at (586) 264-3756.