Legal Custody Of Your Children: What Same-Sex Couples Need To Know Before Starting A Family

When a same-sex marriage ends in divorce, child custody arrangements can become complicated. The law may or may not be on your side depending on whether or not you are biological, adoptive or legal parent of your children. Even in amicable splits, there can be some difficulty with ironing out a custody agreement. While you and your partner may not want to believe that a divorce will ever happen, making a few plans before you choose to have or adopt children can help you protect your parental rights in the event of a divorce. Here are a few things you should consider.

Biological Children

If you and your partner are planning on using artificial insemination, in vitro fertilization or a surrogate to have your children, you should consider having the nonbiological parent adopt the children. This makes you both legal guardians under the law, which can come in handy during a divorce case. An LGBT attorney can help you arrange for a second parent adoption after the birth of each child, and he or she can also help if you have issues with getting your name on each child's birth certificate. Depending on the state you reside in, the term used for this type of adoption may be stepparent adoption, but the result is still legal guardianship for your child.

Parenting Agreements

Unfortunately, not all states allow second parent adoptions. If you live in a state that doesn't allow second parent adoptions, you still have options for protecting your parental rights. You can enter into a parenting agreement before having children. This agreement is similar to a prenuptial agreement, and it provides an arrangement for custody and visitation in the event of a divorce and a separation. You and your partner will both want to enlist the aid of an LGBT attorney specializing in child custody matters to ensure you both get the legal protection you need for you and your children.

Thinking Beyond Divorce

While making sure that you have access to your children after a divorce is important, ensuring the legal guardianship status of both parents is essential for other reasons as well. Ensuring that your child will be able to remain with you in the event that your spouse passes away is critical for protecting your rights. A second-parent or stepparent adoption makes you the legal parent of your child whether you are married, divorced or if your partner passes away. If you live in a state that limits adoption to a husband and wife, your lawyer may be able to recommend other options. Talk to an LGBT attorney to help you find the right arrangements that protect you, your spouse and your family no matter what the future holds for your marriage.