A divorce is a difficult and complicated experience for any couple, particularly when child custody is an issue.
When the couple involved is in a same-sex partnership, issues of child custody and shared property can further complicate the situation. Not only do you have to deal with the usual painful emotions and stress of divorce and child custody battles, you also have to deal with the bias against homosexuality that still exists in society and in America's courts.
If you are in a same-sex partnership in Virginia, have children, and are considering dissolving your union, it would be beneficial to consult with a Virginia child custody lawyer at Hofheimer/Ferrebee to discuss your legal rights and options.
Challenges Same-Sex Couples May Face in Child Custody Cases
One of the biggest worries many lesbian couples have when entering into child custody litigation is that they will be judged on the basis of their sexual orientation rather than on their fitness as parents.
Virginia has some tough laws about homosexuality. It's one of the states that still has sodomy laws on the books, which makes being in a same-sex partnership technically illegal. This seems like it would pose a problem for a woman who, following the break-up of her same-sex partnership, starts a new relationship and is seeking custody of her children.
There is also the issue of biological connection. The child of a lesbian couple can be the biological child of only one of the women, and traditionally the courts have shown preference to blood relatives. This will likely cause great anxiety for the non-biological mother as she faces the possibility of losing her place in the child's life.
The truth is that while Virginia is still not a gay-friendly state, most trial judges will evaluate the parents as individuals on the basis of their stability and ability to care for a child. They are more interested in the safety and well-being of the children involved than they are in the sexual orientation of the parents.
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information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com
Charles R. Hofheimer View lawyer's profile |
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