Divorces or separations can often lead to disputes about child custody and visitation rights for spouses and domestic partners. These issues can become more complex for LGTBQIA+ partners, particularly when a parent does not share a blood relationship with the child.
If you are going through a divorce or separation, a Saratoga Springs LGBTQIA+ child custody lawyer could provide a complimentary consultation about how to maintain your parental rights.
When parents do not have an amicable relationship or if a divorce proceeding is contested, resolving child custody issues can lead to drawn-out disputes. Child custody refers to both physical and legal custody of the child.
When a parent has physical custody, the child typically lives with that person, and they are primarily responsible for the child’s supervision and care. Legal custody refers to the parent having the authority to make important decisions on matters like the child’s education, medical care, or religious upbringing.
Custody issues in Saratoga Springs are also more complicated for LGBTQIA+ partners, where it is common to adopt or have children through assisted reproduction. A parent with no blood relationship generally cannot obtain custody or visitation rights unless they have taken steps to declare they are the legal parent or guardian under state law. For example, a non-biological parent can seek to formally adopt their partner’s child.
One way that spouses or domestic partners can avoid a lengthy custody battle is to work with each other to reach a mutual agreement on custody and visitation rights. Parents can address custody matters in a pre-nuptial or post-nuptial agreement. When the relationship is contentious, spouses or domestic partners can alternatively pursue dispute resolution through family Court or another third-party mediator to resolve custody issues.
If LGBTQIA+ parents in Sarasota Springs cannot resolve custody and visitation rights on their own, they can file a petition for a family Court to resolve the matter pursuant to New York Domestic Relations Law § 240. The Court will issue an Order of custody or visitation after hearing testimony and other relevant evidence.
When deciding custody disputes, Courts make their rulings based on what is in the best interests of the child. However, this standard is not explicitly stated. Courts can use a range of factors to make a decision, including:
It is important to note that while Courts will largely defer to child custody terms in pre-nuptial or post-nuptial agreements, a Judge is not required to enforce the arrangement if it is not in the best interests of the child.
Custody battles can continue even after the Court issues an Order. The state allows a parent to ask for modifications to an existing custody or visitation Order, pursuant to N.Y. DOM § 240, by filing a petition in the family Court that issued the original Order. Upon filing the petition, the parent will have a chance to present their reasons for modification to the Court. The petitioner must show that there was a significant change in life circumstances that may impact the child’s best interests.
The Court considers a range of factors to evaluate what is in the child’s best interests for the purpose of custody modification, such as:
A Saratoga Springs LGBTQIA+ Child Custody attorney could advise a client on Order modifications and other reasons a Court may consider modification.
Custody disputes can have a devastating emotional impact on families. Clearly establishing parental rights through adoption or other means can help LGBTQIA+ partners alleviate uncertainties about their custody rights.
Do not hesitate to schedule a complimentary consultation with a Saratoga Springs LGBTQIA+ child custody lawyer from our firm for help establishing your legal rights as a parent.
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