Durham NC Custody Attorney Explains What To Expect If You Are Same Sex Couples

By Jose Perry


Same sex marriages are legal in most parts of America. That said, a couple can choose to adopt kids and their union would entitle them to all legal rights and benefits that are allied with being legally married. In case of divorce matters of child custody are handled in the same way as any other marriage. There are instances, however, where the parties involved may encounter some unique challenges. Hiring a competent Durham NC custody attorney would generally increase your chances of enjoying the best possible outcome.

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 gay unions, marriage brings forth automatic parental rights to both partners. This only means that issues would not be handled in the same way as in any other marriage. In case your matter proceeds to court, the judge will have to make decisions that can work in the best interests of the kids.

In rare scenarios, gay couples could have one partner who is the birth parent of the children. In such a case, the birth parent gets the sole custody of the kids and the other will be deprived of all rights. Even so, depending on the arguments presented, the judge could give visitation rights to the other partner.

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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