Skilled Chicago Same-Sex Child Custody Attorney

Last updated on April 24, 2025

While Chicago boasts one of the most vibrant LGBTQ+ communities in the nation, same-sex couples still encounter unique legal challenges when it comes to child custody matters. Despite significant progress in LGBTQ+ rights, the complexities of custody arrangements call for experienced legal guidance to protect your rights under the law.

The attorneys at NextLevel Law, P.C., are dedicated to advocating for same-sex parents facing custody challenges. Our LGBTQ-owned law firm, founded by Latino attorney Daniel Hernandez, brings both professional experience and personal understanding to every case. We fight tirelessly to protect your parental rights while keeping your child’s best interests at the forefront of all custody arrangements.

LGBTQ+ Parents Protecting Their Family With Parentage In Chicago

For LGBTQ+ parents in Chicago, securing legal parentage can help protect their family’s future. Parentage is the legal recognition of a person as a child’s parent. This designation determines important rights such as custody, decision-making authority, inheritance and access to benefits like health insurance.

Without formal legal recognition, a parent, especially nonbiological, may face challenges asserting their rights in court, particularly in the event of separation, relocation or disputes over custody. Parentage protections help ensure that both parents – biological or not – can maintain their parental rights, regardless of marital status.

Before separation, establishing legal parentage helps ensure both parents have equal rights and responsibilities. After separation, parentage protections help maintain custody and parental decision-making authority. Our firm assists in every step of this process so families remain legally protected under Illinois law.

Protections for LGBTQ+ parents in Illinois include:

• Second-parent adoption: Even if both parents are listed on a birth certificate, a second-parent adoption provides an extra legal safeguard. This is crucial because some states do not recognize same-sex parental rights without an adoption order. In Illinois, this process grants full, irrevocable parental rights.
• Birth certificate updates: Illinois law allows LGBTQ+ parents to update birth certificates, helping ensure accurate parental designations. This is vital for school enrollment, health care access and travel. Our firm guides parents through this process to secure official documentation.
• Parental rights documentation: Legal documents such as co-parenting agreements, guardianship designations and powers of attorney provide additional protection. These documents help ensure that both parents retain decision-making authority over their children, especially in emergencies or legal disputes.

While Illinois law supports LGBTQ+ parentage rights, some states impose restrictions or fail to recognize nonbiological parents without formal legal documentation. Having a court-approved adoption or parental rights order from Illinois strengthens legal standing in jurisdictions with less inclusive laws.

Our firm helps LGBTQ+ parents in Chicago take essential legal steps to help families remain protected, no matter where life takes them.

Custody Rights For Nonbiological Parents

The rights of nonbiological parents require careful legal consideration for full protection under the law. Without proper legal recognition, even deeply involved parents may face challenges in securing their parental rights. Our firm helps nonbiological parents establish and protect their legal standing.

We understand the emotional and legal complexities involved in securing nonbiological parents’ rights. Our team works to establish these protections early, helping create lasting security for your role as a parent and your child’s future.

Same-Sex Custody Disputes

Same-sex custody disputes often present unique challenges that require experienced legal representation. We provide comprehensive support throughout every stage of your custody matter, addressing the most common concerns that arise in these cases:

• Legal standing: We help establish and defend parental rights for nonbiological parents, especially those without completed adoptions.
• Name changes: We assist with family name alignments and legal documentation updates.
• Custody arrangements: We create comprehensive parenting plans that respect both parents’ roles and protect the child’s best interests.

Our team draws on extensive experience in same-sex custody matters to help you achieve arrangements that serve your children’s best interests while protecting your parental rights. You can rely on our transparent pricing model and extensive experience in family law to ensure your custody dispute is resolved with efficiency and in a way that saves you money compared to other attorneys.

Experience You Can Trust

Call 312-530-8002 today or send an email to schedule a consultation with our experienced lawyers. We serve clients throughout Chicago and Cook County, offering services in both English and Spanish.