Same sex marriage was legalized in the state of Wisconsin in 2014, providing same sex couples with the same rights as opposite sex couples, including how issues such as marital property division or spousal maintenance are handled in a divorce.
Although same sex divorce cases are handled similarly across the board, issues regarding child custody in a same sex divorce can present some unique challenges depending on the circumstances.
Same Sex Divorce Child Custody | Married With Children
If a child is born to a mother who is legally married at the time – opposite sex or same sex couples – the spouse is legally recognized as the child’s parent. Both parents will have parental rights and responsibilities in a divorce even if one spouse is not a biological parent.
Same Sex Divorce Child Custody | Adopted Children
If a same sex couple adopts a child together, both are considered the child’s legal parents. As is the case with opposite sex parents, same sex parents of an adopted child will often share physical placement of a child and be required to support the child financially. Custody determinations are made with the child’s best interests in mind.
Same Sex Divorce Custody Issues | Not Legally Recognized as a Parent
Child custody in a divorce case with same sex parents can get complicated in cases where one parent had a child from a previous relationship or in cases where only one parent adopted a child. In both cases, one spouse will not be recognized as a child’s legal parent, and therefore does not have child custody rights, even if they have an enduring and meaningful relationship with the child.
Contact an Experienced Same Sex Child Custody Lawyer Today
Whether you are in an opposite sex or same sex relationship, if your parental rights are in question, the best advice is to work with a family law attorney to protect your parental rights before filing for divorce. If you are considering divorce, it is important to meet with an experienced same sex child custody lawyer to ensure that your child’s best interests are represented, that they are able to benefit from the protection, advice, and the support two loving parents. Contact Probst Law offices for immediate assistance at 414-210-3135.