Same-sex marriage is a hot button topic in today’s society. The right of gays to marry is a political debate that has been going on for some time. There are a number of same-sex, unmarried couples that want to marry so that they can start families and enjoy the same rights and protections as other couples. Therefore, not only is this a social issue but it is also a family law matter.
In Michigan, one same-sex couple who brought their case to court fighting for the right to marry so that they could gain joint custody of their children is still awaiting a court decision. Same-sex marriage in Michigan has been banned since 2004, when Michigan voters voted for the ban. The court hearing this particular case has decided to await a Supreme Court decision on the issue before delivering its decision.
individually. Joint custody would mean that each parent shares the same legal rights to the children. This is a vital matter for unmarried parents because if one should die or otherwise become unable to raise the children, the state may not recognize one parent’s custody of the other’s adopted children. Such a legal loophole could lead to otherwise stable, happy families being broken apart.
While it’s unknown how the Supreme Court will rule on the same-sex marriage cases which it is scheduled to hear, Michigan couples dealing with family law issues like this need to know how the law regards them and their legal claims with regard to their own family members. When disputes or other legal challenges arise, a family law professional can help ensure that a family’s rights are protected.
Source: Detroit Free Press, “Judge delays ruling on gay marriage ban, will wait for Supreme Court decision,” John Wisely, March 7, 2013