Splitting up from your partner is a difficult situation to be in, but it becomes even more complex when there are children involved. The child custody process shouldn’t be that much different than it would be in opposite-sex divorces but there are some challenges that might come up as you’re working through things to end a same-sex marriage that involves children.
One of the most important things to do if you’re in this position is to try to keep the child’s interests at the heart of the discussions. It’s easy to become distracted by the things that led to the split; however, these often don’t have anything to do with the children. Because of that, you should think about what the child needs and how you can help them to adjust to the divorce so they can thrive.
If the children think of you and your ex as their parents, it’s likely better for them to be able to continue to have a relationship with both of you, regardless of their biological or legal ties. When you and your ex can agree on a parenting plan, the child will likely be able to enjoy the relationship with both parents without much difficulty. If you don’t, it may be important to work through the plan’s provision with some outside assistance.
Same-sex couples have a unique challenge from a legal standpoint. It can be challenging for a non-biological parent who is ending a same-sex relationship with their child’s biological parent to assert their rights. An attorney who’s familiar with these LGBTQ issues can outline the options and the possibilities so that you can make decisions about how to handle the case.