Child Custody and Same Sex Couples in Virginia
Get Help with Child Custody Issues from an Experienced Northern VA Lawyer, Claudia Zucker.
Same sex marriage was legalized in Virginia in 2014, and then throughout the United States in 2015. With the federal ruling, same sex married couples are given the same constitutional rights as opposite sex couples at state levels and federal levels.
Same sex married couples, are considered legal parents of their child at the time of birth. As with all couples, when divorce strikes, custody of the parties’ minor children is the most hotly contested issue in any divorce. Taking the right strategic steps to protect yourself can save you from emotional and financial damage in the future. Claudia Zucker, Esq. serves clients in the Arlington area who have child custody issues, with sympathy and professionalism. Call her for a consultation today.
Divorce and Child Custody in Virginia
As with the case of any divorce involving your children, you don’t want them to be denied your love and support, and you shouldn’t be denied the right to care for them as a parent. However, child custody issues in any separation situation, including same sex marriages can be tricky, and it’s important to have an experienced child custody attorney on your side.
In child custody issues, typically parental rights - including custodial and visitation issues- are worked out with the legal parent(s) of the child, whether biological or adoptive.
There can be several unique scenarios with children in a same sex marriage:
-Perhaps one parent is the biological parent of the child. To avoid problems in the case of divorce, same sex couples should look into what Virginia calls step-parent adoption. A spouse may adopt the child as long as the biological parent is the only legal parent of the child (there is no other biological parent, or the other legal parent has given consent).
-If neither parent is biologically linked to the child, the situation can present complications. Even though marriage equality is the law of the land, custody and support rules simply haven’t caught up yet. Since neither party has legal or even presumed parenthood, many custody cases are being decided on a case-by-case basis.
It’s vital to consult with a seasoned family law and child custody lawyer when you’re considering adopting a child or getting married, especially with a same sex union. Making a custodial plan in advance can save you, your spouse, and your child a lot of heartache and turmoil in the sad case of a divorce down the road.
Talk to an Arlington Child Custody Attorney Today
Claudia Zucker, Esq. understands the unique perspective of same sex couples and family law matters. She handles your child custody issues with sympathy, experience, and professionalism. Her first concern, as is yours, is protecting the rights of you and your children. Contact her Northern Virginia family law offices today at (703) 596-1005 and/or email her at claudia@zuckerlawfirm.com for a consultation.
