lundi 12 novembre 2018

Top Durham NC Custody Attorney Expounds On What Happens If A Case Involves 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 should beforehand. To begin with, both parents have legal custody in same sex marriages. Bear in mind that in traditional marriages, only the biological parents have these rights. If both you and your partner proceeded to make the needful arrangements to adopt a kid, both of you will have full legal rights of claiming the child in question.

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.

In rare cases, you may find that one partner in a same sex marriage is the biological parent of the kids. If this happens, then the biological parent in question is likely to gain sole custody of the children while the other gets no rights whatsoever. The judge could, however, find it fit for the other partner to be given visitation rights.

There are instances where deciding on what is best for the kids can be challenging even in the courts. For you to navigate through the due processes in a swift manner, you should consult with a proficient family law attorney. The expert can help you explore your legal options and generally ensure that your rights and best interests are protected.

There are certain prime benefits associated with hiring a proficient lawyer. To begin with, the investment you make would make your kids a priority. Custody proceedings are not simple in traditional marriages and they can become even more complex when dealing with same sex marriages. Your attorney may have to do an in-depth research before fighting for an agreement that is ideal for you.

Then again, your lawyer would also see to it that you secure an equitable child support agreement. Normally, the amount of money you are supposed to receive or pay will depend on your assets and income as well as those of your partner. With a reliable specialist on your side, you can better your chances of ensuring that an equitable order is passed.




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