Child custody issues with respect to same-sex couples

| May 2, 2013 | Child Custody |

Unmarried couples have their own issues with child support and child custody. It can be surmised that same-sex couples also have problems when it comes to child support and child custody. Arguably, it is even more difficult dealing with these two issues when involved in a same-sex couple because they do not necessarily receive the same rights and privileges from the courts as traditional married couples. This can definitely throw a wrench into how same-sex couples are permitted to handle issues of child custody and child support.

A case in Suffolk County highlighted this very concern endured by same-sex couples. A same-sex couple decided to end their relationship and the biological mother fought for child support for their child. At the same time, the biological mother wanted to stop the non-biological mother from being allowed to seek custody of the child. The court stated that the biological mother couldn’t have it both ways and allowed the non-biological mother to seek custody.

The state of New York recognizes same-sex marriages, so the court had the law on its side in making the determination in the abovementioned case. However, in states like Michigan where same-sex couples run into this issue, the courts cannot be as flexible because Michigan does not recognize same-sex couples or their marriages. The struggle for same-sex couples to appropriately deal with issues of custody and the like are hindered in situations like these.

Whether married or unmarried, determining child custody can be complex. The courts will always look at the best interest of the child in all situations regardless of the adult parties involved and their circumstance.

Source: JDJournal, “Same-Sex Parent Bearing Child Support Can Seek Custody of Child,” April 26, 2013

FindLaw Network