Dissolving a same-sex partnership requires some special considerations. You and your partner may have concerns about whether you will be judged on the basis of your ability to provide for your children or if your sexual orientation will be the main issue.
Virginia, like most other states, is always facing changes in how it views same-sex partnerships as social attitudes regarding homosexuality continue to evolve. This means there are more legal options available to you than you may know. Solutions for Child Custody Disputes in Same-Sex Partnerships
Recently, allies of same-sex partnerships have suggested some standards for making child-custody decisions in same-sex relationship dissolutions. The guidelines would help prevent families from going though the pain and confusion these cases often generate.
Until these standards are adopted by state court systems, a same-sex couple has to rely on the legal pathways available. All states have laws that pertain to unmarried parents, and these should apply to same-sex parents as well. If the child has been legally adopted by the partners, they are the legal parents and custody is determined as it would be in any traditional divorce.
Because of the highly emotional and delicate nature of Virginia child custody cases, courts take into consideration all factors that have an effect on the well-being of the child, including the parents' financial stability, moral and mental fitness, and emotional ties to the children. Dissolving Same-Sex Partnerships Through Mediation
Some gay couples may benefit from mediation. In mediation, the couple agrees to have a respectful discussion facilitated by a neutral party. The goal is to work toward solutions both parties can live with.
A lawyer can often help facilitate mediation. He or she can help draw up an agreement that sets out the conditions of the couple's break-up. While this is not the same as a traditional marriage separation agreement, it can at least provide written guidelines for the couple to honor.
Ending a relationship and deciding on child custody arrangements is never easy, but with good legal counsel, this difficult time can go more smoothly.
At Hofheimer/Ferrebee, we understand that the health and happiness of your child is your #1 concern and we will work with you to address any fears and anxieties that you may have about your child's future. Our women's child custody attorneys will work with you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children. Learn more - request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.
To order your free book-www.freedivorcebook.com 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
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